SELECTMEN’S MEETING

JUNE 24, 2002

 

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

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

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of June 17, 2002.

Unanimous Vote.

Selectman Eayrs made one correction to the Executive Minutes of June 17, 2002.

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

VOTED: To approve the Executive Minutes of June 17, 2002 as amended.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for WRPD Special Permit – Rinta – 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 June 24, 2002 at 7:05 PM, for the purpose of discussing an application filed by Brian Grady, G.A.F. Engineering, on behalf of Paul Rinta, Jr., for a Special Permit under the Water Resource Protection District by-laws, to allow construction of a private well and water service within 25’ of adjacent wetlands. The property is shown as Assessors Map 104, Lot 2734, zoned Residence 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.

Brian Grady, GAF Engineering, was present to represent Paul Rinta. He presented the green cards.

Mr. Grady told the Board that the request is to construct a single-family dwelling, sanitary system, well, driveway and associate site grading within the buffer zone to a bordering vegetated wetland and cranberry bog.

The only work proposed within 25’ of the wetlands and the cranberry bog, consists of the well and installation of the water service. Mr. Grady said that these activities will take place on an existing dike road and will not alter any natural resource area.

Mr. Grady said the project has received ConCom approval, and they have received an Order of Conditions. The Health Officer has also agreed to grant a waiver of the 200’ setback to abutter’s wells.

Mr. Grady said that the nearest Town well is in excess of 2000’ from the property.

Selectman Wiksten asked if this was an existing lot. Mr. Grady said the lot existed in the 1950s. He said there are no other existing dwellings on the property.

Selectman Wiksten asked if there was going to be a proposal to split the lot. Mr. Grady said it could not be subdivided for another dwelling. It could only be used to increase the size of the dwelling that will be constructed. To do this, the applicant would have to go back to the various Town Boards for modifications.

Selectman Wiksten asked if Mr. Grady had a problem with a deed restriction being placed on the project to keep the property the way it is. Mr. Grady said he did not.

Selectman Rogers asked if the cranberry bog is classified as wetland. Mr. Grady said it is. Selectman Rogers noted that there the WRPD Bylaw provides for no-touch 25’ buffer zones. A Variance must be given to allow use within this area.

Selectwoman Brunelle noted that there are six (6) exceptions to a WRPD Z4 within 25’ of the wetlands. She asked if the request fell within those exceptions. After review, Mr. Grady said he did not believe it did.

Selectman Rogers said he had no problem granting the request, but asked if it would be legal.

Chairman Perkins suggested the Board go on with the hearing and continue a decision to next week after getting input from Town Counsel.

Jeanne Spalding was present. She said that the variance for the setback to wells can be granted if it meets the guidelines of ground water flow issues. She said there will be no impact to abutters wells.

Ms. Spalding said the septic plan is the only issue. This was done last March. She said she wants to go back out to the property and check groundwater elevation for accuracy.

Ms. Spalding said that the applicant has indicated that the well would be totally in the dike road, and would not disturb extra ground area. She said her biggest concern is for the pump off from the well and how that would be addressed.

Chris Corbin, an abutter, asked why her property had not been tested. Ms. Spalding located her property on the plan. She said that the septic location is 195’ away. Local bylaw requires 200’. She said the difference is only 5’ and the groundwater will go toward the wetland.

Ms. Corbin asked how this would affect her well. Mr. Grady said there would be no effect. The well location is in excess of 275’ from the proposed well. He said that the use of the well would only draw about 10’ around the well.

Discussion ensued on which way the water would flow. Selectman Rogers noted that it could flow the opposite way of the projections made by Mr. Grady.

Selectman Rogers asked Ms. Spalding if she was going to do any water testing. Ms. Spalding said she was not because she did not perceive there being an impact. Initial water testing is required to verify the gallon per minute rating and the bacterial level.

Pam Davis, 41 Beach Street, said she was concerned with the proposal. She noted that the project was "pushing all the minimums", and required variances.

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

VOTED: To continue the hearing regarding an application filed by Brian Grady, G.A.F. Engineering, on behalf of Paul Rinta, Jr., for a Special Permit under the Water Resource Protection District by-laws, to allow construction of a private well and water service within 25’ of adjacent wetlands, to Monday, July 1, 2002 and to ask Town Counsel for an opinion on the request.

Unanimous Vote.

Request for Title V Variance – 142 Precinct Street

Chairman Perkins read a letter from Darren Michaelis, Azor Land Sciences, Inc., for a variance for a septic system upgrade at 142 Precinct Street.

Ms. Spalding told the Board that Mr. Michaelis was not present. She said that the variance is being requested because the perc test could not be done because of the water conditions. The ground water level is too high. The request is necessary because of a failed system.

Ms. Spalding noted that, because of the situation, she has already granted approval. This will also need State approval.

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

VOTED: To grant a variance for a septic system upgrade at 142 Precinct Street to allow the substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing per 310CMR Section 15.104.

Unanimous Vote.

The Board discussed whether or not it was necessary for Ms. Spalding to come before the Board each time there is a request like this.

Ms. Spalding said there is a list of variances, some have to come before the Board, some before the State. She will photocopy the section for the Board to review.

Meeting with Michael Tripp – RE: Veterans’ Agent

Chairman Perkins explained that the Board had appointed Dennis Foye as the Veterans’ Agent, subject to salary negotiations within the range provided by the FinCom. This did not happen, and Mr. Foye has withdrew his name.

The Board’s next choice was Michael Tripp. Selectwoman Brunelle noted that Mr. Tripp has already been interviewed by the Board, and he could have been the first or second choice. She felt his qualifications will allow him to fill the position nicely.

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

VOTED: To appoint Michael Tripp as the Veterans’ Agent for the Town of Middleborough with a salary of $33,000.

Unanimous Vote.

Chairman Perkins noted that all three of the candidates were qualified and he feels very comfortable with the appointment of Mr. Tripp.

Paul Gagne, 150 Wood Street, spoke to the Board regarding a recent letter from Dennis Foye to the Middleboro Gazette. He said he felt Mr. Foye did a disservice to the veterans and wishes to apologize to the Board.

Jane Lopes asked where the Veterans’ Agent’s would be located. Mr. Healey has recommended that he remain in the Bank Building.

Ms. Spalding noted that she has had conversations with the Town Manager and had hoped to expand into the Veterans’ Agent’s office. She also noted the space available on the 3rd floor and the COA.

Selectman Wiksten said he would be willing to look at this, but at this time felt the Agent should remain where the office is already established.

Selectman Eayrs felt that, because a new person is being hired, this would be the time to look at where he would be located.

Chairman Perkins said he would like to see the Veterans’ Agent located in the Town Hall. He noted that Mr. Healey is on vacation. He suggested any decision wait until he returned.

Selectman Wiksten said his concern was that the Agent be given sufficient space and have a confidential area. That is why he supports the office remaining in the Bank Building.

Selectwoman Brunelle suggested the Board look at this in the future, allowing input from Mr. Tripp.

Chairman Perkins noted that the duties of Mr. Tripp will be 100% veterans related. He will be a full time Veterans’ Agent.

NEW BUSINESS

Request to Use Town Hall Lawn – Jericho Christian Fellowship

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

VOTED: To allow Jericho Christian Fellowship to use the Town Hall lawn on Sunday, July 28, 2002 to hold an outside service from 5:00 PM to 7:00 PM.

Unanimous Vote.

Request to Engage Consulting Services – PricewaterhouseCoopers

Mr. Healey has informed the Board that he has received correspondence from Dan Sherman, Director of PricewaterhouseCoopers, regarding the Early Retirement Program Analysis. Mr. Sherman has provided the scope of services as a series of levels, each more involved than the previous. Mr. Healey has recommended the Board hire Mr. Sherman to do a Level 2 or 3 analysis.

Chairman Perkins suggested the Board go to level 3 as it will provide more details.

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

VOTED: To engage the services of Dan Sherman, PricewaterhouseCoopers, to analyze the Early Retirement Incentive Program at Level 3.

Unanimous Vote.

It was noted that these services will begin after July 1st.

Request to Block Off Plymouth Street – North Congregational Church

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

VOTED: To give permission to the North Congregational Church to block off Plymouth Street, in front of the Church, to hold a Chicken Barbecue and Band Concert on Saturday, August 17th, and to hold a Harvest Fair on Saturday, September 14th (rain date September 15th).

Unanimous Vote.

Request to Amend Affordable Housing Restriction – Habitat for Humanity

Habitat for Humanity had several questions and concerns regarding the Affordable Housing Restriction. Suggestions have been given to the Board from Town Counsel to amend it.

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

VOTED: To incorporate the suggestions of Town Counsel, as written in correspondence to the Board dated June 20, 2002.

Unanimous Vote.

Request to Waive Fees – Park Department

Harry Pickering has asked that the Board waive all fees related to the Fanelli Carnival.

Motion was made by Selectman Eayrs and seconded by Selectwoman Brunelle, to waive all fees associated with the Fanelli Carnival.

Discussion ensued on who benefits from the waiving of the fees. Selectman Wiksten said he had no problem waiving the fees if the Park Department would benefit.

Selectman Eayrs amended his motion, seconded by Selectwoman Brunelle to waive the fees associated with the Fanelli Carnival, subject to the fact that they are for the benefit of the Park Department.

The Board’s Secretary will contact Mr. Pickering for further information.

Request to Rent Town Hall Auditorium – BP Community Chorus

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

VOTED: To rent the Town Hall Auditorium to the BP Community Chorus on Monday, July 1, 2002 from 6:45 PM to 10:00 PM.

Unanimous Vote.

Request to Adopt Amended Pay Grid – COA

The Board received correspondence noting that the pay grid that had been approved for the COA in the COA/Clerical Union Contract was incorrect.

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

VOTED: To adopt the corrected grid for the COA.

Unanimous Vote.

OLD BUSINESS

There was no Old Business discussed.

TOWN MANAGER’S REPORT

Mr. Healey is on vacation. There was no discussion on his report.

SELECTMEN’S BILLS

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

VOTED: To pay three (3) bills submitted by W.B. Mason Company, Inc. in the amounts of $126.05, $8.01 and $10.76, totaling $144.82.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Weston & Sampson for the Plain Street Review in the amount of $5,425.07.

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 $65.71, $43.82 and $17.94, totaling $127.47.

Unanimous Vote.

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

VOTED: To pay the bill submitted by John Des Roch Electric Inc. in the amount of $1,525.00 for the Central Fuel Depot spill.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Gale Associates, Inc. in the amount of $940.00 for the Gasoline Release at the Fire Station.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Christine C. Weston, Secretary of the Middle School Building Committee, in the amount of $220.50.

Unanimous Vote.

OTHER

Attorney Murray told the Board that he represents Mr. Peck’s corporation on unrelated matters.

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

VOTED: To consent to Attorney Murray’s representation of the Town in the matter of the sale of real estate on Cherry Street to David R. Peck, IV and Harold B. Card, and made a determination under Chapter 268A that the financial interest of Mr. Peck in the sale of real estate is not so substantial as to be deemed likely to affect the integrity of the services the Town may expect from Attorney Murray in the matter.

Unanimous Vote.

VOTED: To authorize the Chairman to sign a loan agreement with the Department of the Navy, stating that the Town has received memorabilia from the USS Caron.

Unanimous Vote.

CORRESPONDENCE

It was noted that the State is seeking office space. The Board suggested that Mr. Healey contact them to inform them about the space available on the 3rd floor of the Bank Building.

 

 

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

VOTED: To enter into Executive Session at 8:18 PM, not to return to Open Session, for the purpose of discussing negotiations, litigation and a personnel matter.

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

VOTE 5 – 0

 

Diane Henault, Secretary

BOARD OF SELECTMEN