SELECTMEN’S MEETING

JULY 24, 2006

 

 

Chairman Perkins called the meeting to order at 7:01 PM.

 

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

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of July 10, 2006.

VOTE 3 – 0 – 2 (Selectman Bond and Chairman Perkins abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for WRPD Special Permit – Alpha/Lowell – Beach 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 Monday, July 24, 2006 at 7:05 PM, for the purpose of discussing an application filed by Alpha Landsurveying & Engineering Associates, on behalf of David D. & Melissa Lowell, 1006B Main Street, Wareham, MA  02571 for a Special Permit under the Water Resource Protection District By-law, to allow construction of a driveway to provide access to a proposed single family home.  The property is located on Beach Street and is shown as Assessors Map 104 Lot 1799, zoned Residential Rural, 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.

 

Robert Perruzzi, Alpha Engineering, was present.  He returned the green cards.

 

Mr. Perruzzi made a correction to the plans, noting the property is located between numbers 19 and 25.

 

Mr. Perruzzi told the Board that the Permit is needed to for land disturbing activity within 25 feet of a fresh water wetland.  The land disturbing activity proposed is the installation of a driveway to provide access to a proposed single family home to be built.  The wetlands will have to be filled and replicated.

 

Because the proposed lot is a Retreat Lot, a permanent deed restriction will be placed on the property preventing further subdivision of the land or expansion of use.  Construction of the driveway is essential to the intended Retreat Lot use.

 

Chairman Perkins asked how many square feet would be filled and replicated.

 

Mr. Perruzzi said 2,494 s.f. of wetlands will be filled and 3,745 s.f. will be replicated.

 

The Board noted correspondence from the Health Officer and asked if septic system plans have been submitted.

 

Mr. Perruzzi said they have not yet been submitted.

 

Chairman Perkins noted that the plans did not have to be filed prior to this hearing.

 

Selectman Andrews asked if the Planning Board has endorsed the subdivision of the lot.

 

Mr. Perruzzi said the Planning Board had voted to approve it, and will endorse it once the paperwork for the deed restriction is submitted.

 

Chairman Perkins noted that the use is allowed under the bylaw for Retreat Lot, subject to the Board’s approval of a WRPD Special Permit.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request made by Alpha Landsurveying & Engineering Associates, on behalf of David D. & Melissa Lowell, 1006B Main Street, Wareham, MA  02571 for a Special Permit under the Water Resource Protection District By-law, to allow construction of a driveway to provide access to a proposed single family home on property located on Beach Street, shown as Assessors Map 104 Lot 1799, zoned Residential Rural, W.R.P.D. “Z4”.  The Board further found that the project:

a.       Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.       Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.

Unanimous Vote.

 

Meeting with Lions Club – RE:  Bingo

 

Joe Thomas, President of the Lion’s Club, was present.   He asked the Board to reconsider the previous request of the Lion’s Club to hold weekly Bingo games at the COA on Saturday nights.

 

Mr. Thomas said there are enough members volunteering to hold Bingo.  He has also contacted the Lottery Commission and found that the maximum payment allowed is $300 per event per facility.  The Lion’s Club cannot make straight contributions to the Town.  It can give to education, religious, or other charitable givings.  He noted that the Lion’s Club has previously helped the Park Department, Library, and COA, as well as the Boy Scouts and Girl Scouts.  He asked that the request be granted to better serve the community to be able to give back a lot more in the form of funding.

 

Chairman Perkins said Mr. Thomas was not being definitive on what he would give back.

 

Selectman Andrews said he recalled that the Board had previously asked Mr. Thomas to submit a written proposal prior to the meeting.

 

Mr. Healey said the last time Mr. Thomas came before the Board, a question was raised on whether or not ‘friends groups’ of various Town departments could perform the same function and present the money directly to the Town.  He said there was no interest shown.  Therefore, he suggested Mr. Thomas come back before the Board at which time he would support the request.  He said he would expect that Mr. Thomas would’ve been told what else he needed to do.

 

Selectman Spataro recalled that Mr. Healey had been asked to contact some of the companies that Mr. Thomas was working with to share information about the cost of the rentals.  This would allow Mr. Thomas to know if it would be beneficial to the Lion’s Club.

 

Mr. Healey said he thought it was Mr. Thomas’ responsibility to bring back that information.

 

Selectman Spataro said that Mr. Thomas had needed a letter of support to obtain the information.

 

Mr. Thomas said he is only asking the Board to sign the application to the Lottery Commission for the Permit, which is not guaranteed.

 

Selectman Andrews noted that this will be an ‘ongoing’ use, not a one time use.

 

Mr. Thomas said the cost is $250/evening, inclusive of everything.

 

Selectwoman Brunelle said the Board should not be deciding whether or not the Lion’s Club can “make a go of this”.  She said her concerns were regarding the Bingo equipment that already exists at the COA.  Would that equipment be used, or would new equipment be brought in?  She was also concerned about storage of the equipment.

 

Selectman Bond noted that at the previous meeting Mr. Thomas had asked how much the Lion’s Club would give to the Town.  It has been found that this is illegal.  The next step was to see if anybody else was interested in holding the games.  Now the Board is asking for a financial report.  He said people need to be treated equally, noting there is no rationale for asking for these things.

 

Motion was made by Selectman Bond and seconded by Selectwoman Brunelle to sign the application to hold weekly Bingo games at the COA.  Discussion ensued.

 

Selectman Spataro noted no previous organization has asked to rent a facility every week. 

 

Selectwoman Brunelle questioned if the Board was required to get Requests for Proposals on this request.

 

Chairman Perkins said he didn’t believe so, noting no other organization has approached the Board.

 

Selectwoman Brunelle noted that when Verizon wanted to utilize Town buildings it had to seek proposals.

 

Mr. Thomas said this is only the first step in the process.  He said the next step would be to go to the COA to negotiate the Board’s concerns.

 

Selectman Spataro said he could support the motion if it was for once/month instead of every week.

 

Selectman Andrews said he wanted to see a spreadsheet to determine what this would cost the Town after everything.

 

Mr. Thomas noted that the law says the maximum to be charged is $300.00.

 

Vote was taken on the motion.  VOTE 4 – 1 (Selectman Spataro opposed).

 

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

VOTED:  To ask the COA to supply information regarding the ‘per night costs’ to hold a weekly Bingo game, including “offsets”.

            Unanimous Vote.

 

Selectman Andrews questioned if the event would be run by all volunteers.

 

Ted Lang said a custodian, who also works as security, would be present, and is included in the rental cost.

 

Selectman Andrews said the multiplier for the cost of benefits should also be used.

 

Meeting with Commission on Disability – RE:  Construction/Alterations on Properties

 

Carolyn Gravelin, Chairman of the Commission on Disability, was present.  She introduced other members of the Commission.

 

Ms. Gravelin told the Board that the Commission would like to be involved in construction projects before they start, while they’re progressing, and before signing off.  She said the Commission has to accept what has been done even though it doesn’t approve.

 

Ms. Gravelin said the current work on sidewalks presents concerns with placements lacking or in the wrong place.  She said some crosswalks go to the middle of an intersection instead of facing each other.  She said she had inspected the Peirce Street project and met with Don Boucher and Mr. Healey.  Her concerns were sent on to Roger

Alcott of Weston & Sampson.  She said there are issues with parking coming up.  She also noted that the handicapped spot in the Gurney Lot gets plowed in during snowstorms.  She said the handicapped spots near the Bank Building are underwater when it rains, and the handicapped spot in front of Maria’s has a trash barrel cemented into the ground where the person would exit the vehicle.

 

Chairman Perkins said he thought the Commission was involved in these projects.

 

Mr. Healey said he couldn’t argue with anything that Ms. Gravelin has requested.  He suggested Selectman Bond and himself meet with the Commission at its next scheduled meeting.

 

Selectman Andrews suggested Mr. Boucher also attend the meeting.

 

Selectman Bond asked if there was a ‘contact person’ at the State level that might have a protocol in place for notification to the Commission when projects are being done.

 

Ms. Gravelin noted that the Commission is only interested in alterations ‘open to the public’.

 

Selectwoman Brunelle noted that a future agenda item of the Board will be to establish a policy for appointments to Committees.  She suggested one (1) member of the Commission should be appointed to any building committee.

 

Mr. Healey suggested contacting the MJHS Building Committee, as well as the Police and DPW Building Committees to consider appointing a member of the Commission should there be a vacancy.

 

Hearing – Request for Class II License – 18 West Grove Street - Elie Saliba d/b/a Platinum Auto Export

 

Chairman Perkins read the following:  “The Middleborough Board of Selectmen will hold a public hearing on Monday, July 24, 2006 at 7:45 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Elie Saliba d/b/a Platinum Auto Export for Class II License for the premises located at 18 West Grove Street, Middleboro, MA (Assessors Map 58I Lot 3431).  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

It was discovered that Mr. Saliba had notified abutters via certified mail, but not return-receipt requested, which is a requirement for the hearing.

 

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

            VOTED:  To continue the hearing to Monday, August 7, 2006 at 7:20 PM.

            Unanimous Vote.

 

 

 

Hearing – Request for WRPD Special Permit – Precinct Street – Alpha/MG&E

 

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 Monday, July 24, 2006 at 8:00 PM, for the purpose of discussing an application filed by Alpha Landsurveying & Engineering Associates, on behalf of the Middleborough Gas & Electric Department for a Special Permit under the Water Resource Protection District By-law, to allow the installation of approximately 3,300 linear feet of gas main along the shoulder of an existing paved street (Precinct Street).  The property is on the southern section of Precinct Street and is shown on Assessors Maps 031 and 041.  It is zoned Residential Rural, 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.

 

Robert Perruzzi, Alpha Engineering, was present.  He returned the green cards.

 

Mr. Perruzzi explained that the request is for a land disturbing activity within 25 feet of a fresh water wetland within WRPD Z4.  The proposal is to install a gas main along 3,300 linear feet of Precinct Street (from Plymouth Street to #68 Precinct Street).  Approval has been given by the ConCom.

 

Chairman Perkins asked how much area would be replicated.

 

Mr. Perruzzi said there will be no replications.  The intention is to dig a 12” trench and fill it in.  Construction is expected to take 2 weeks, and will be covered each night.  He said the project has been switched to the northerly side from for minimized disturbance in pavement.

 

Mr. Healey recommended approval.

 

Chairman Perkins asked about the use of flowable fill.

 

Rick Labossiere, Gas Division Engineer, said flowable fill will be used on pavement which is the normal practice.

 

Pat Kayajan, 425 Plymouth Street, said she had a gas furnace put in her house and was still waiting for the trenches to be filled in and seeded.  She asked what additional disturbance this project would cause.

 

Selectman Spataro asked Mr. Kayajan if she was requesting the previous trench to be filled in.

 

Ms. Kayajan said she would wait for the other hole and have both fixed at the same time.

 

Selectwoman Brunelle asked Mr. Labossiere to complete the previous project post haste and report back to the Board that it has been done.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To approve the request of Alpha Landsurveying & Engineering Associates, on behalf of the Middleborough Gas & Electric Department for a Special Permit under the Water Resource Protection District By-law, to allow the installation of approximately 3,300 linear feet of gas main along the shoulder of an existing paved street (Precinct Street), located on the northern section of Precinct Street, shown on Assessors Maps 031 and 041, zoned Residential Rural, W.R.P.D. “Z4”.  The Board further found that the project:

a.       Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.       Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.

Unanimous Vote.

 

Hearing – Request for WRPD Special Permit – 228 Bedford Street – Sassin d/b/a Rt. 18 Trust & Auto Repair

 

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 24, 2006 at 8:15 PM, for the purpose of discussing an application filed by Milad Sassin d/b/a Rt. 18 Trust & Auto Repair for a Special Permit under the Water Resource Protection District By-law, to allow the use of property at 228 Bedford Street, Middleboro for automotive repair work.  The property is shown as Assessors Map 019 Lot 1671, 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.

 

Attorney Robert Mather represented the applicant.  He returned the green cards.

 

Attorney Mather told the Board that the location of the project is zoned General Use, and it is in WRPD Z4.  Under the bylaw, a Special Permit is necessary for auto repair.

 

Attorney Mather told the Board that the property is the former Staple Savard Oil Co., located at 228 Bedford Street.  The site is just under ½ acre.

 

Larry Silva, Silva Engineering Associates, P.C., reviewed the plans for the site.  The said tanks that are onsite are in an enclosed bunker and are labeled as ‘out of use’ per the Fire Department.  He said none of this area will be utilized.  There is also an existing office building in the front of the property that will not be used.  A garage at the rear of the property with 3 overhead doors will be utilized.  A sign will also be erected.

 

Chairman Perkins read a letter from the Health Officer with her concerns.

 

Mr. Silva noted that the floor drains shown on the plans are no longer in operation.

 

Selectman Andrews asked if the existing tanks on the property have been cleaned.

 

Mr. Silva said he didn’t know, but assumed they were.

 

Selectwoman Brunelle noted that there have been issues with other automotive repair shops concerning parts being left outside.

 

Attorney Mather said nothing will be stored outside.  Anything that needs to be stored will be stored inside.

 

Attorney Mather said he had reviewed Ms. Spalding’s correspondence and addressed the issues as follows:

 

 

1.                  Quantity and types of hazardous materials

 

There will be oil, waste oil, solvents and waste oil filters which will be classified as a “Very small to small quantity generator” – less than 270 gal/month

 

2.                  Storage/containment of these materials

 

There will be a contract with CYN Environmental Services which is the leading environmental management company in New England, and materials will be stored in a designated area for oil and waste material on a concrete pad and sitting on absorbent pads in existing 275 gallon heating oil tanks.

 

3.                  On-site spill containment and clean-up products/procedures

 

There will be speedy-dry and medium-weight sonic bonded absorbent mats on site, and there will be an Emergency Spill Agreement with CYN, requiring a response in 30 to 60 minutes

 

4.                  Employee work area to have a clean up station prior to the reset room facilities

 

Attorney Mather said a clean up station will be provided.

 

5.                  A Title 5 inspection of the existing system due to a change in operations

 

Under the Statute, a Title 5 inspection is not needed because there is no change of ownership and it was previously used for automotive repair.  If required by the Health Officer, one will be done.

 

6.                  RE:  Washing down of vehicles – what is proposed for waste water and cleaning agents/solvents?

 

There will be no washing down of vehicles on site.

 

 

7.                  Hazardous Material Generator Registration and identify of waste hauler

 

This has been filed.  A copy was given to the Board.

 

8.                  If floor drains are present – assessment of condition

 

There are no floor drains.  The plan shows a 4” pipe to the floor drains but the drains are sealed.

 

Ms. Spalding asked when the floor drains were sealed, and where they went to.

 

Mr. Silva said he didn’t know when they were sealed, but noted they had gone to a 5,000 gallon holding tank at the rear of the property.

 

Ms. Spalding said she was concerned with the condition of the tank.

 

It was noted that the tank had been pumped, and receipts will be submitted.  All drains were cemented shut from the top.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To allow the petition of Milad Sassin d/b/a Rte. 18 Truck and Auto Repair relative to his request for a Special Permit under the Water Resource Protection District By-law, to allow the use of property at 228 Bedford Street, Middleborough for automotive repair work.  The property is shown as Assessor’s Map 019, Lot 1671, zoned General Use, WRPD Zone 4 with he following stipulations:

 

1.                  The project will conform in all respects to the following plan:

a.       “Site Plan, Site:  Assessors Map 19, Lot 1671, 228 Bedford Street, Middleboro, Massachusetts, Prepared For:  Route 18 Truck and Auto Repair” prepared by Silva Associates Engineering Associates, PC and dated May 1, 2006.

 

2.                  The existing oil storage facility will not be used by the Applicant.  Receipts of pumping and the condition of the tight tank will be provided to the Health Officer.

 

3.                  If required by the Town of Middleboro Health Officer a Title 5 inspection of the on-site septic disposal system will be done.

 

4.                  Applicant will maintain a contract with CYN Environmental Services (CYN) or some other recognized environmental management company for the storage and removal of all hazardous materials.

 

5.                  All hazardous materials shall be stored in the designated area in the existing 250 gallon heating oil tank on a concrete pad with absorbent pads.

 

6.                  Speedy-dry and medium-weight sonic bonded absorbent mats will be maintained on site to handle any small waste spills.

 

7.                  Applicant has filed and will maintain a current Hazardous Material Generator Registration with the Department of Environmental Protection.

 

8.                  Applicant has entered into and will maintain an Emergency Spill Agreement with CYN Environmental Services (CYN) or some other recognized environmental management company for the clean-up of any reportable spill of hazardous materials.

 

9.                  All non-reportable spills of hazardous materials (less than five (5) gallons) shall be handled on-site by the use of Speedy-Dry or sonic bonded absorbent mats and such waste shall be properly disposed of by the environmental company.

 

10.              A clean-up station will be provided prior to the restroom facilities to eliminate contamination of the on-site disposal system.

Unanimous Vote.

 

Hearing – Request for WRPD Special Permit – Coletti – 593 Wareham Street

 

This hearing was continued to August 21, 2006 at the request of the applicant.

 

Discussion – Override

 

Chairman Perkins said it has been suggested that an override question be put before the voters.  He said he agreed, but felt that the Board was rushing to get it on the November ballot.  He suggested putting questions on the April election ballot.  He said he had no intention of asking for an override for the current fiscal year.  By waiting to April, it would give time to keep the budget discussion open throughout the year.

 

Selectman Andrews noted that the Board’s Secretary had asked for Department Heads to submit numbers needed to operate departments and only 4 departments had responded.

 

Selectman Andrews noted that information from the Assessors’ Office states that for every additional $100,000 for an override the average taxes will increase $12.88.

 

Selectman Bond said he wasn’t at the last meeting when this was discussed.  He said the Board needs to get out and talk to people to see what the needs are.  After assessing, a financial plan needs to be done.  He said people need to be shown how their money will be invested into the system.

 

Mr. Healey said this cannot be done for the November election ballot.  He said articles would have to be submitted to the State by August 2nd.  He said residents should know what they’re facing in terms of cuts if there is no override.

 

Selectwoman Brunelle agreed.  She said it didn’t make sense to rush this through without having some basis for proposing it.  She said the Board will need to present an accurate representation of what will happen if we don’t have an override.

 

Selectman Andrews said there still needs to be a decision of whether or not to proceed with a ‘menu type override’ or general override.

 

Mr. Healey said that discussion would take place as needs are identified and numbers are put on it.

 

Selectman Bond said it is important to have a 5 year plan.  He said a menu override is only good for one year and can’t be tied to specific items forever.

 

Chairman Perkins said if there was an attempt to come up with language now it would fail.  He suggested that Mr. Healey work with Department Heads, the CLG, and the Board to educate the public. 

 

Selectman Spataro suggested that a question should be placed on the November ballot to give Department Heads the opportunity to ask for help for the balance of this year.

 

Mr. Healey questioned what it would say.

 

Selectman Spataro said it could ask for an override for $600,000.  Information could be sent out by the media and website as to what that number is comprised of.

 

Mr. Healey said the Town needs to work through this year with available funds and provide a question for the new fiscal year.

 

Selectman Spataro said pleas from department heads were sincere.  He asked if it would be detrimental to place a question in November and April.

 

Selectwoman Brunelle said the problem is that the information is not available to give to the public.  She said she’d rather have good information to distribute to allow residents to make an informed decision.  She said it would be a disservice to Department Heads to try to do it in November.

 

Selectman Spataro suggested asking Department Heads if they are “willing to take a chance”.

 

Mr. Healey said the perception of the public needs to be considered if the question was placed in November and April.

 

School Superintendent, Robert Sullivan, agreed that proper planning is needed to move forward.  He said a budget needs to be put together to reflect the needs for the next 3 – 4 years.

 

Selectman Spataro said there may be departments that cannot live without the extra funding this year.  He asked for department heads’ input.

 

Chairman Perkins asked if there was a consensus of the Board to wait until April.

 

Selectman Bond suggested hearing if department heads disagree.

 

Mr. Healey noted that GMEG also needs to be dealt with.

 

Harry Pickering told the Board that this should not be done in haste.  He said sacrifices have been made to this point.  He suggested doing a 5-year plan over a course of time, and have a campaign group to give information.

 

Ken Leduc, 150 Summer Street, said he is “an average taxpayer” who also works for the government.  He noted increases in oil and gasoline, saying there are a lot of senior citizens on fixed incomes who have to decide on food or fuel.  He said there is only so much money the average taxpayer can afford.  He believed an override would fail.  He said the average citizen “knows what’s going on, but just has no money”.

 

Neil Rosenthal questioned how the budget would be balanced, or the situation known, but April 1st.

 

Selectwoman Brunelle said a lot of hard work will need to be done.  She noted that there has been trends over years in areas that are declining or increasing.

 

George Simmons said this should not be rushed into.  He said people recognized that this might be necessary when an override was built into Prop 2 ½.

 

Selectwoman Brunelle noted that the Town cannot spend money to promote for/against an override.

 

Mr. Healey said a private committee would be formed.

 

Selectman Bond said he would be hard-pressed to say yes, unless it is looked at as an investment which will improve property value.

 

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

            VOTED:  To postpone any override questions until the April election.

VOTE 4 – 1 (Selectman Andrews opposed saying he didn’t like the way the motion was worded.)

 

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

            VOTED:  To reconsider the former motion.

            Unanimous Vote.

 

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

VOTED:  To prepare for an override question consistent with tonight’s discussions for an appearance on the April ballot.

            Unanimous Vote.

 

Chairman Perkins noted correspondence from a Plain Street resident asking for an explanation as to how an override works.  He said this question will be answered for everyone’s benefit.

 

NEW BUSINESS

Request to Waive Liquor License Fee – Middleborough Veterans’ Memorial Park Committee

 

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

VOTED:  To approve the request of the Middleborough Veterans’ Memorial Park Committee to waive the fee for the One Day Liquor License for an event to be held on October 19, 2006 at the Middleborough National Guard Armory on Elm Street.

            Unanimous Vote.

 

Request to Approve & Sign Letter – RE:  HOME American Dream Down Payment Initiative

 

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

VOTED:  To authorize the Chairman to sign a letter of support for the HOME American Dream Down Payment Initiative.

            Unanimous Vote.

 

Request for Link to Town’s Website – Middleboro Veterans’ Outreach Center, Inc. (MVOC)

 

Joe Thomas, Executive Director of MVOC, was present.

 

Chairman Perkins read a letter from Mr. Thomas asking to link to the Town’s Department of Veterans’ services page on the Town website, or have its own page on the website.

 

Mr. Thomas said “in light of recent newspaper articles” he was asking for the Board to assist him in putting it to rest.  He said the link to the Veterans’ website would give veterans access to become more familiar with services available to them.

 

It was asked if other non-government websites are linked to any of our websites.

 

Selectman Bond said there are at least 3 other links of the Veterans’ website, one being ‘for profit’.

 

Selectwoman Brunelle said there was a law passed in 1996 stating that permission has to be given to attach to a government website.  She said she was not aware of other links and suggested the Board get further information.  She said she wanted to avoid having a problem with our system.

 

Chairman Perkins said he had no strong feeling either way and suggested Town Counsel be asked for his opinion.  He also suggested the Veterans’ Services Officer be asked to let the Board know his feelings regarding the request.

 

Selectman Bond said the downtown is in need of revitalization.  He said the current website contains photos.  He said there has been several discussions on a periodic basis.  He said this is 1 aspect of marketing Middleboro.  He said the State is putting money into the MVOC and the website should be used to market it.

 

Selectwoman Brunelle said she didn’t disagree, but noted there is no current policy.  She said she would like one in place before going forward.  She said we need to know any impact or potential problems to our system.

 

Selectman Bond said that Town Counsel should be asked for the constitutional ramifications of denial.

 

Selectman Spataro suggested checking to see if other departments currently have links on the system.  He also suggested talking to the IT Director.

 

Selectman Bond suggested a fee could be charged to a ‘for profit’ organization.

 

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

VOTED:  To contact Town Counsel to ask his opinion regarding the permissibility of having ‘for profit’ and ‘non profit’ links to the Town’s website:

Unanimous Vote.

 

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

VOTED:  To contact Department Heads to comment on the use of the website and links to it, and to contact the IT Director to see if the Town has the resources to allow this to be promoted.

            Unanimous Vote.

 

Selectman Bond asked when a response would be submitted.

 

Chairman Perkins said for the August 21st meeting.

 

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

VOTED:  To ask Town Counsel to make a legal determination regarding the legal relationship between the MVOC and the Middleborough Veterans’ Agent; and whether or not the Town has any responsibility to the MVOC.

      Unanimous Vote.

 

Selectman Bond suggested Town Counsel be directed to contact Lawrence Feeney, General Counsel to the Massachusetts State Department of Veterans’ Services, and Claire O’Connor, the Outreach representative.

 

Mr. Thomas noted that service is also provided to veterans from Bridgewater, Carver, Raynham, Lakeville, Berkley, and Taunton.

 

Paul Provencher asked if Mr. Thomas knew what percentage of those veterans that he helped were Middleboro residents.

 

Mr. Thomas said 20%.

 

Selectwoman Brunelle asked if Mr. Thomas had the statistics from the other communities.

 

Mr. Thomas said he is required to have those statistics.  He said, since opening the doors in March, he has helped 55 veterans and Middleboro and surrounding communities.

 

This item will be continued to the August 21st meeting.

 

Request to Approve & Sign Release-Indemnification Agreement – 25 Wareham Street

 

The Board received a request to sign a Release-Indemnification Agreement to settle a claim regarding damage to vehicles during recent construction.  The amount will be paid out of the project account.

 

Chairman Perkins asked if the Town would subrogate.

 

Mr. Healey said we could.

 

Selectman Bond said the payment should not exceed what is expected to be returned.  He asked if there was proof of damages submitted.  The settlement is for $4,000.

 

Mr. Healey said he would check.  He said he knew the damage occurred.

 

Selectman Bond asked if there were any photographs.

 

Mr. Healey said a fence was supposed to be removed and replaced for keep vandals out of the property.

 

Selectman Bond asked if Mr. Healey knew what the condition of the vehicles was beforehand.

 

Mr. Healey said yes.

 

Discussion ensued on including mutual release language.

 

Selectwoman Brunelle pointed out that this language was included.

 

Selectman Bond said the issue is with the damages.  He wanted to know where the number came from, and proof of damages.  He asked if estimates had been obtained.

 

Mr. Healey said he would look further into it.

 

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

            VOTED:  To continue this item to the next meeting.

            Unanimous Vote.

 

Request for One Day Liquor License – Sacred Heart Church

 

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

VOTED:  To approve the request of the Sacred Heart Church for a One Day All Alcoholic Liquor License for an event to be held a the Sacred Heart Parish Hall on Saturday, July 29, 2006 from 7:00 PM to 11:00 PM.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street

 

Selectman Bond noted that some of the issues concerning this property have been taken care of.  Nothing has been done yet with the structures that have been constructed.

 

Bob Whalen told the Board that an inspection has been done and all unregistered vehicles have been removed.  He said there is one (1) tent structure remaining.  He explained that the City of Taunton is awaiting a decision on an appeal to Superior Court of the District Court’s finding that the time and materials indicate a ‘temporary structure’ which doesn’t require a permit.  He said he is waiting to see what happens with this case, noting that the structure in Taunton is much larger than this one.  He said the site has been drastically cleaned up.

 

Selectman Bond asked that Mr. Whalen supply the Board with the decision as soon as he is aware of it.

 

Downtown Parking

 

Mr. Healey and Selectman Bond will meet with the Commission on Disability on August 2nd.

 

Lakeville IMA

 

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

     VOTED:  To ask Selectman Andrews, Selectman Bond, and Mr. Healey to meet prior to the Board’s next meeting to suggest a response to the Town of Lakeville regarding the IMA.

        Unanimous Vote.

 

Follow-up to Water Restriction

 

Chairman Perkins said this discussion is not needed.  He explained that Tom White had said DEP had eased the restriction placed upon us, but no evidence has been found that this has been done.

 

Chairman Perkins noted that the website has incorrect language regarding the water restriction and asked Mr. Healey to take care of it.

 

TOWN MANAGER’S REPORT

 

There was no further discussion of the Town Manager’s Report.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Schwabb, Inc. in the amount of $91.23.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by the Massachusetts Municipal Association in the amount of $2,528.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Forms & Graphics, Inc. in the amount of $104.86.

            Unanimous Vote.

 

OTHER

 

Recent Matters Relating to the Veterans’ Agent

 

Selectman Bond provided a memo to the Board outlining recent issues with the Veterans’ Services Agent.

 

Chairman Perkins said it was not fair to bring up these issues without asking Mr. Provencher for a written response in advance of the meeting.

 

Selectman Spataro said it was too much material to “digest” tonight.

 

Chairman Perkins noted there is also an issue between the Veterans’ Agent and the Town Accountant.

 

Mr. Healey said there is a protocol that has been established.  The letter from the Town Accountant is addressed to Mr. Healey pursuant to the protocol.  He will arrange a meeting.  He said he has been on vacation and has not had the opportunity to speak to Mr. Provencher.  He said he would get together with Ms. Higgins later this week.

 

Mr. Provencher gave the Board copies of Department Receipt logs.  He said the log was set up after the auditors suggested it this Spring.  He noted that disciplinary action was not recommended.

 

Selectman Bond asked when the ‘89’ account got started.

 

Mr. Provencher said during the month of May.  It was approved by the Board on June 17th.  He said the ‘29’ account has been there since November of last year.

 

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

VOTED:  To ask for a written response to each point raised by Selectman Bond, whenever it would be easiest for Mr. Provencher to respond.

            VOTE 4 – 1 (Selectman Andrews opposed)

 

Selectman Bond suggested Mr. Provencher take the time required to respond.

 

Selectman Andrews said he would rather wait for Town Counsel’s opinion regarding the MVOC and the Town Department.

 

Discussion ensued on ‘transport issues’ and a waiver for volunteers.

 

Selectman Bond said the waiver should’ve gone to the Board for approval.

 

Mr. Provencher said he thought Town Counsel would’ve forwarded it to the Board.

 

Selectman Bond told Mr. Provencher to take the ‘opportunity to think through the responses’ to get rid of issues.

 

Selectwoman Brunelle asked Mr. Provencher if the waiver was the same released used by the COA.

 

Mr. Provencher said he didn’t know.  He said he had asked Town Counsel to provide a release.

 

Selectman Bond asked that this item continue under ‘Old Business’ until the Board receives Mr. Provencher’s response.

 

CORRESPONDENCE

 

v     The Board will issue a citation to Hannah B. G. Shaw Home on the occasion of its 65th anniversary.

 

v     The resident who submitted a petition in regards to the parking restriction on Benton Street will be asked to meet with the Police Chief to discuss his concerns.

 

 

v     A public service announcement regarding the Housing Rehab Assistance Program was read.

 

v     Upon motion by Selectman Spataro and seconded by Selectman Bond, the Board

 

VOTED:  To send a letter of thanks to Comcast for sponsoring the Free Family Hillside Shows at the Park Department.

Unanimous Vote.

 

v     Mr. Healey was asked to look into correspondence from Edward Vaughan regarding property damage and respond back to the Board.

 

v     Articles 13 & 19 from the Annual Town Meeting will need to be re-voted at the Fall Town Meeting because Free Cash was not available in June.

 

v     Discussion ensued on correspondence from Daniel Farley, Chairman of the MG&E Commission in regards to the Indirect Cost allocation.

 

Mr. Healey said he had spoken to John Granahan and Jim Collins who had to issue with it.  He said he would contact the Commissioners.

 

v     Mr. Healey will look into correspondence from the Water Department notifying the Board of the sale of property in Lakeville that is provided water by Middleboro.

 

v     Discussion ensued on the Draft Management Letter provided to the Town by the auditors.

 

Mr. Healey explained that the normal procedure is to have Department Heads respond.  This may result in rewording or elimination of some items.  It comes to the Board in its final form at an Exit Conference.

 

Selectman Spataro asked if the Board would have the opportunity to have a discussion around the Draft.

 

Mr. Healey said he could request this.

 

Chairman Perkins said there probably would not be a meeting before the final report.

 

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

VOTED:  To forward a copy of the Draft to Town Counsel to determine the accuracy of the roles and responsibilities based upon the Town Charter.

Unanimous Vote.

 

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

VOTED:  To support the Finance Committee’s appointment of Seamus Hastings to the Personnel Board for the balance of the unexpired term of Tarsi Valantzas to expire in 2008.

Unanimous Vote.

 

v     Announcement was made regarding notification from the Middleboro G&E Department that consultants have been hired to survey the gas services east of the Nemasket River, starting on Monday, July 17th.

 

v     Chairman Perkins will attend the Plymouth County Selectmen’s Association meeting on August 3rd.

 

v     Mr. Healey will follow up on a Costs Reimbursement Form from SEMASS that was sent to Don Boucher to complete.

 

 

 

 

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

VOTED:  To enter into Executive Session at 10:48 PM, not to return to Open Session, for the purpose of discussing Litigation.

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

            VOTE 5 – 0

 

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN