SELECTMEN’S MEETING

JUNE 2, 2003

 

Chairman Perkins called the meeting to order at 7:06 PM.

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

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of May 19, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of May 19, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Public Hearing – Articles for Special & Annual Town Meeting Warrants

Mr. Healey informed the Board that Pat Blacow had contacted all who have articles on the Warrants to be present at tonight’s meeting.

Chairman Perkins read the following: "A public hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, June 2, 2003 at 7:05 PM for the purpose of discussing the Warrant Articles for the Special & Annual Town Meetings which will be held on Monday, June 16, 2003. Anyone wishing to be heard on this matter should appear at the time and place designated."

The Board received notice from Town Counsel that the present budget article is sufficient to support a motion which provides for additional, alternative budget appropriations contingent upon passage of a Proposition 2 ˝ referendum.

The Board reviewed the Special and Annual Town Meeting Warrants.

Special Town Meeting

Articles 1

This is an article to supplement budgets for FY 03. The Board was not given any figures from the FinCom. Mr. Healey said he knew of two (2) requests: One for $13,000 for heat, light & power and about $10,000 for legal expenses related to the Corrosion Control Law Suit.

Article 2

This article is for unpaid bills. The amount is unknown.

Mr. Healey will get a list for Articles 1 & 2 from the FinCom for next weeks meeting.

Article 3

This article is in regards to the electrical fire at the Mayflower-Burkland School complex. The sum to be transferred is approximately $80,000.

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

VOTED: To support Article 3.

Unanimous Vote.

Article 4

This article is for telephone system costs at the COA incidental the building expansion. The amount of $1,385 will be transferred from the COA Trust Fund.

Selectwoman Brunelle asked if the bill had already been paid. Ted Lang said it had, and the budget is in arrears now.

 

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

VOTED: To support Article 4.

Unanimous Vote.

Article 5

This article is to transfer $250 form the COA Trust Fund for the repair and re-installation of a two-way radio into a COA van.

Mr. Lang explained that the van had been donated from the Shaw Nursing Home.

 

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

VOTED: To support Article 5.

Unanimous Vote.

Article 6

This article is for the Centre Avenue sewer project.

 

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

VOTED: To support Article 6.

Unanimous Vote.

Article 7

This article is to implement a Vulnerability Assessment and Emergency Response Program for protection of the water supply system against potential acts of terrorism.

Richard Tinkham explained that this is federally mandated and will cost $30,000.

Chairman Perkins asked if government funds will be available. Mr. Healey said this is no committal as of now.

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

VOTED: To support Article 7, with additional wording to reduce the amount by any grant awards.

Unanimous Vote.

Annual Town Meeting

Article 1

This article sets the budget for FY04.

Mr. Healey informed the Board that the FinCom is still working on finalizing the budget. As of this date, $737,602 had been made in budget cut recommendations. The total shortfall is $1,273,865. The shortage is $536,263.

Mr. Healey noted that $600,000 in additional funding for the School Department has not been taken into consideration.

Mr. Healey said there are only a few ways to reduce the budget further: additional layoffs, additional budget cuts, a debt exclusion, or additional revenues.

Mr. Healey said the budget may not be balanced until the Fall. He said there is also a possibility of using the Stabilization Fund, and increasing estimated Local Receipts. However, he warned that this would put the problem into next year.

Selectman Eayrs said the Board has a legal obligation to come up with a balanced budget. He noted that the Landfill and condo developments, and negotiations for water are other possible ways to generate revenue.

Selectwoman Brunelle asked if the $7373,602 included increasing the Local Receipts figure. Mr. Healey said it did not.

Selectman Eayrs noted that Chairman Perkins remained opposed to the Debt Exclusion, and asked how he proposed to come up with the extra money.

Chairman Perkins said the Debt Exclusion Election will go forward, but the Board needs to prove to the Town whether or not it is needed. After making cuts and using estimated Local Receipts, and savings to finish balancing the budget, if people feel the need for Town services that are proposed to be cut, they will vote for the Debt Exclusion.

Mr. Healey noted that the passage of the Debt Exclusion question will include the $600,000 for the School Department and restoration of level services budgets for other departments.

Selectwoman Brunelle noted that the 19 – 20 full time positions being cut does not account for the additional elimination of operating expenses.

Selectman Eayrs asked if the cuts have been made. Mr. Healey said it is ultimately up to the Department Heads to determine, based on their funding level, what happens to their budgets. He said they have to anticipate what may happen.

Mr. Healey noted that unemployment costs could be as high as $15,000 per person, while the health insurance savings would be roughly $8,000.

Chairman Perkins noted that some positions that have been tagged for elimination are already vacant.

Selectman Eayrs asked if the $250,000 from the Simeone project was included in the budget.

Mr. Healey said this could be structured as an ‘in lieu of tax payment’ and could go into the General Fund rather than the Water Fund. However, he said the Board has argued to keep this money in the Water Enterprise Account for future improvements.

Selectman Eayrs noted that a fee for trash and recycling could wipe out the rest of the debt.

The idea of maximizing receipts runs the risk of leaving us in a worse position next year. However, at that point trash fees could be implemented.

Chairman Perkins also noted that there is $350,000 in the Stabilization Fund that is not being utilized. Between this and the increase in estimated Local Receipts, the budget could be balanced.

Selectman Eayrs also noted the Simeone money could be used.

Sandy Bernier said the Town has met the Local Receipts estimation of $2,850,000. The actual receipts won’t be known until the books are closed. She said the Simeone money could be added to the estimated Local Receipts to increase the estimate by $250,000.

Ms. Bernier also told the Board that the Debt Exclusion election would have to go forward, noting that there are two (2) other questions on the ballot. She said, personally, she believed the question would fail.

Ms. Bernier said the FAM requirement for the Landfill has not yet been met. She said other revenues, including investment income, is down. She also noted that it is not known if the numbers of the Cherry Sheet are correct. She said the budget would have to be balanced in the Fall.

Mr. Healey said the FAM is projected to be down $120,000. However, C&D Fines have more than doubled and will significantly increase the last two (2) months of revenue.

Mr. Healey also noted the G&E Lease Buyback which gave the Town $150,000. This would also offset any losses in other revenues.

Selectwoman Brunelle said she was strongly opposed to using the Simeone money for the General Fund. She noted that Fuller Street had been purchased out of the Water Fund and this would be an opportunity to return $250,000. She said there is a responsibility to the residents to do this.

Selectman Eayrs said that the Board has an obligation to use this money because of the fiscal situation.

Neil Rosenthal questioned why a "reasonable person" would not assume that the money would not be there in the Fall. He suggested putting the Special Election off until the Town knows what the money situation is.

Mr. Healey said the State allows the Town to estimate Local Receipts. This is used at "our peril". If the Town estimates too high, it has to be made up the following fiscal year. If estimated too low, it become Free Cash in the following fiscal year. He said using a higher estimated receipts will correspond to a reduction in Free Cash next year.

Selectman Eayrs noted that the Debt Exclusion is not a sure thing, and the Board needs to have a plan.

Mr. Healey said the shortfall will be between $1.2 and $1.8 million.

Selectman Wiksten asked if the Department Heads had been asked what the impact would be with the cuts that have been made. He noted a drastic cut in the Police Department budget that would eliminate two (2) clerks and two (2) dispatchers.

Ann Holmes, Eddy Street, said that the FinCom, the Town Manager, and the Selectmen have gone above and beyond in trying to keep the budget where it is. She said Middleborough is a close community, and felt that the people would get a "grass roots program together to reduce expenses". She asked if the Town Meeting could be postponed.

Tom White, Susan Lane, said that the Town needs to live "within our budget". He said he also supported the Simeone money for the budget as these are critical times.

Linc Andrews, 28 Sachem Street, spoke as a resident and as a representative of the Planning Board.

Mr. Andrews said that no one has heeded the warnings of the FinCom at past Town Meetings. He said the Town has continued to spend beyond its means.

Mr. Andrews noted the cuts made by the FinCom. He said they included leaving $1.00 for postage, and eliminating the Assistant Town Planner position. Mr. Andrews explained that the Planning Board is a source of revenue for the Town, noting the $6 million building that Cirelli’s is constructing.

Mr. Andrews said the Planning Board could increase their fees to cover the position of the Assistant Town Planner. He explained that it is impossible for Ms. Geoffroy to do all the necessary subdivision inspections and attract businesses to the Town.

Ruth Geoffroy told the Board that the Assistant Planner had left in April. She had not filled the position to "get through" this fiscal year. She said her budget has been cut over 25%. The result will leave the department unable to do its job.

Gary Russell told the Board that his budget had also been cut to $1.00, along with materials for photographs and fingerprinting. In addition, a lieutenants position has been cut, which can’t because of a Grant.

Chief Russell said Department Heads have sat down with the FinCom and made recommendations on cuts. Since then, the FinCom has made additional cuts, or changed those that were proposed.

Richard Chamberlin said that everything in the Conservation Commission has been cut except for the Agent’s salary. He suggested employees who were given a 3% raise at the last Town Meeting should take a 1% cut. He also asked why the Town pays a full rate to the Gas & Electric Department.

Mr. Healey explained that any reduction to the Town by the G&E would result in a rate hike for the residents. The Town has tried to avoid this. The G&E has paid $150,000 for to buy out the CNG Lease. In addition, they pay approximately $325,000 in lieu of taxes.

 

Article 2

This is for Unpaid Bills. Mr. Healey will get the list for next week’s meeting.

Article 3

This article is the in-lieu of tax payment from the G&E to fix the tax rate. Sandy Bernier said it has been adjusted to roughly $429,000.

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

VOTED: To support Article 3.

Unanimous Vote.

Article 4

This is for the Middle School Appropriation Account.

 

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

VOTED: To support Article 4.

Unanimous Vote.

Article 5

This article is for the Water Pollution Trust Loan. Mr. Healey said it is $22,212.62 and could increase with another article at the Fall Town Meeting.

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

VOTED: To support Article 5.

Unanimous Vote.

Articles 6 – 10

These are ‘revolving fund’ articles.

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

VOTED: To support Articles 6 – 10.

Unanimous Vote.

Article 11

This article is a request for the establishment of a new revolving fund. Sandy Bernier had requested this article to cover costs for copying zoning maps, bylaws and subdivision rules and regulations.

Selectwoman Brunelle asked Ms. Bernier why she was requesting $15,000. Ms. Bernier said that the amount was calculated by what has been taken in for revenue for producing those items.

Selectwoman Brunelle said that the Town has equipment that can produce these items. Ms. Bernier said that the copy machine in the Assessor’s Office does not produce color copies.

Ruth Geoffroy explained that the Zoning Maps copies have to be in color as that is how the zones are designated. She said her department has paid almost $1000 for the first batch of maps.

Roger Brunelle said there is no law that the Zoning Maps have to be in color. He noted, however, that there is a plotter that will print in color in the IT Department.

Ms. Geoffroy said that Town Counsel has made a recommendation that the black and white copies do not differentiate the zones.

Selectwoman Brunelle suggested the amount should be $2500. Mr. Brunelle asked that a caveat to do whatever can be done in-house be added.

Selectwoman Brunelle asked if the amount could be adjusted at Special Town Meeting if necessary.

Ms. Bernier said this has to be done at the Annual Town Meeting.

Selectwoman Brunelle asked why the zoning regulations have not been put on the internet for the public to download.

Ms. Bernier said they had tried to scan the document into the system, but couldn’t.

Mr. Brunelle explained that the regulations are a "hodge podge" of various letters and Town Meeting actions. He said one of his staff is currently working with the ZBA’s secretary to coordinate and verify the information. He said his department will also deal with the Planning Board to get their regulations on the internet.

Mr. Healey noted that the article is for a revolving account, using money from sales. No appropriation is being made.

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

VOTED: To support Article 11 for a fund of $2500, based on in-house printing being done when possible.

Unanimous Vote.

 

 

Article 12

Pat McManus, Assessor, told the Board that the request is for $85,600 from the overly fund to do commercial/industrial real estate and personal property reevaluations.

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

VOTED: To support Article 12.

Unanimous Vote.

The Board asked if there was any remaining funds in the overlay account for Town Meeting. Ms. McManus said there remains only a couple thousand dollars.

Article 13

This article is being requested by the Council on Aging to correct and repair the central air-conditioning system. Ted Lang said the amount is approximately $20,000.

Selectwoman Brunelle asked why this had not been part of the addition project.

Mr. Lang said the Capital Planning Committee had asked that any problems with the system be separate from work on the addition.

Selectman Rogers noted that Article 30 contains the same language, contingent on a debt exclusion. The projected amount was $16,000.

Mr. Lang said two (2) bids had been received.

Discussion ensued on whether or not to make this article subject to a Debt Exclusion. Selectman Rogers suggested the article should be placed because the COA is trying to finish the project this summer.

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

VOTED: To support Article 13 for an amount not to exceed $20,000.

VOTE 4 – 1 (Selectwoman Brunelle opposed)

Article 14

This article requests two (2) cruisers.

Chief Russell explained that, under the present cruiser replacement plan, three (3) cruisers are replaced each year. He said he is asking for only two (2), even though there is a third that meets the criteria. He said the Department will try to get another year out of that cruiser.

Linc Andrews asked if the Planning Department could received one of the cruisers that will no longer be used. He noted that all In-State Travel had been cut from the Planning Board’s budget. Chief Russell said he would hold one (1) of the cruisers.

Selectman Rogers said he wished to speak against the article. He noted that there is a request in Article 19 for one (1) cruiser, based on a Debt Exclusion question. He said the extra cruiser is not a cruiser, but an "undercover" vehicle.

Chief Russell explained that the second cruiser would be unmarked and used by detectives. He noted that occasionally uniformed officers also use the vehicle.

Selectman Rogers said he defines a cruiser as a "patrol unit". He also asked why this article was being placed by the Department Head, instead of through the recommendation of the Capital Planning Committee.

Capital Planning Committee, Neil Rosenthal, said he could understand how "routine requests would rather go this route", than being subject to a debt exclusion. He said the request was no unreasonable.

Chief Russell said the department is down by four (4) cruisers at this time. Selectman Rogers noted that these were 3 marked and 1 unmarked vehicles.

Selectman Wiksten noted that no vehicles have ever gone to waste. He noted the need in the Planning Board.

Selectwoman Brunelle said, because of the financial problem, the request should be subject to a debt exclusion.

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

VOTED: To support Article 14.

VOTE 4 – 1 (Selectwoman Brunelle opposed)

Article 16

This article is a request for a bylaw to require carbon monoxide detectors. Chief Silva said that Middleborough would be the second community to adopt the bylaw.

The bylaw would be effective upon the sale of a house.

Discussion ensued on the bylaw. The Board had questions and concerns with the wording of the article.

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

VOTED: To table Article 16.

Unanimous Vote.

Article 17

Chief Silva said this is a "housekeeping" article involving smoke detectors. It was thought to have been accepted in 1986, but was not. He said that some of the provisions were not in the article, and would have to be made in the motion.

Article 18

This article would require sprinklers for not less than four (4) dwelling units.

Chairman Perkins said he wanted more input into this article.

 

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

VOTED: To table Articles17 & 18.

Unanimous Vote.

Article 19

This article allows the Conservation Commission to charge applicants for consulting fees.

Mr. Chamberlin said the fees would be agreed upon with the developer before hiring a consultant. It would be done on a case-to-case basis.

Selectwoman Brunelle asked if the would include homeowners. Mr. Chamberlin said most of that is done by the ConCom.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle Board

VOTED: To support Article 19.

Unanimous Vote.

Article 20

This article is to rescind a previous Town Meeting vote that conveyed land to the Middleborough Development and Industrial Corporation.

Mr. Healey explained that this is a "housekeeping" article.

Article 21

This article would transfer the above-mentioned land to the care, custody, management and control of the Board of Selectmen.

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

VOTED: To support Articles 20 & 21.

Unanimous Vote.

Article 22

This article will also transfer land to the custody of the Board of Selectmen.

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

VOTED: To support Article 22.

Unanimous Vote.

Article 23

This article is to accept legislation, if enacted, regarding the early retirement incentive program.

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

VOTED: To support Article 23.

Unanimous Vote.

Article 24

This article addresses the successor agreement to the original Carver Water Agreement.

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

VOTED: To support Article 24.

Unanimous Vote.

Article 25

This article authorizes the Board to enter into an agreement with the Town of Carver to provide water to Simeone Associates LP.

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

VOTED: To support Article 25.

Unanimous Vote.

Article 26

Selectwoman Brunelle requested this article which would convey withdrawal penalty taxes paid to the Town in regards to Chapter 61, 61A, and 61B and to the Conservation Trust Fund to use to purchase land.

Selectwoman Brunelle said that this article is not an assessment.

Judy MacDonald noted that, currently, these funds go to the General Fund. They would no longer be available for that purpose.

Selectwoman Brunelle said the annual amount of money is small, approximately $6,000.

Selectman Wiksten had concerns that there was no "cap" on the amount to be transferred.

Chairman Perkins agreed with Selectman Wiksten. He said not in basic concept, but felt that the article had not been "thought through".

Neil Rosenthal had concerns that the money was being limited to conservation land, and suggested that the fund be under the Selectmen.

Selectwoman Brunelle said she had asked for this article because the Community Preservation Act did not pass.

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

VOTED: To support Article 26.

VOTE 3-2 (Selectman Wiksten and Chairman Perkins opposed)

Article 27

This article is to accept Winding Way as a public way.

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

VOTED: To support Article 27.

Unanimous Vote.

Article 28

This article is to accept Whispering Pines. The layout hearing is scheduled for tonight’s meeting.

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

VOTED: To support Article 28, subject to the Board of Selectmen’s approval of the layout.

VOTE 4 – 1 (Selectwoman Brunelle opposed)

Articles 29 through 34

These articles are Capital Planning recommendations, subject to debt exclusions.

Article 29

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

VOTED: To table Article 29.

Unanimous Vote.

The article for a school bus will be moved to the Fall.

Selectwoman Brunelle asked what the cost would be to incorporate the cost of this one (1) bus into the annual transportation contract on a per diem basis.

Dr. Robert Sullivan explained that the bus is not just used for 180 days. He said that making this part of the annual contract had previously been look at in the mid-90s and was thought not to be cost efficient.

Article 30

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

VOTED: To support Article 30, removing the expenditure for heating at the Council on Aging.

Unanimous Vote.

Articles 31 & 32

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

VOTED: To table Articles 31 and 32.

Unanimous Vote.

Dr. Denise Walsh noted the longer improvements to buildings are put off, the more expensive it will become.

Article 33

This article would purchase modulars for the High School.

Dr. Walsh said that, although the space is needed, she would not have the funding in her operational budget for the upcoming school year to purchase furniture, books and teachers.

Discussion ensued on the cost of $1.2 million for the modulars.

Neil Rosenthal said that the Capital Planning Committee had included the expense to install. He noted that the modulars would include science labs which have become outdated. It would be cheaper to put the labs in the modulars than update the labs in the classrooms.

Dr. Walsh noted that the science labs have "not been touched" in 30 years. The request is driven by space needs as well as program needs.

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

VOTED: To table Article 33.

Unanimous Vote.

Article 34

This article would make repairs to the roofs at the Burkland School, contingent on the passage of a debt exclusion.

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

VOTED: To support Article 34.

Unanimous Vote.

Selectwoman Brunelle asked why none of the items in these articles were listed on the Capital Planning Report’s priority list of FY04.

Selectman Rogers said some of the requests were from 2 to 3 years ago. They are not always listed.

Selectwoman Brunelle said she would like to see everything that has been requested, and the order of priority.

Hearing – Request for Road Layout Acceptance – Whispering Pines Drive

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, June 2, 2003 at 8:00 PM to accept the layout of Whispering Pines Drive, located off of France and Pine Streets in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled "’Whispering Pines Subdivision’ As-Built & Roadway Layout Plan – Whispering Pines Drive", dated October 31, 2002, revised through December 20, 2002, drawn by G.A.F. Engineering, Inc. which plan is on file with the Town Clerk’s Office." The hearing was opened.

Thomas Melehan, representative of Sassamon Holdings, was present. He returned the green cards.

The applicant does not owe any taxes or municipal charges to the Town.

A letter from the Town Planner approved the request, but asked that the Planning Board Certificate of Completion recording information be filled in on the plan note.

There were no further comments made by the Board or the public. Hearing none, Chairman Perkins closed the hearing.

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

VOTED: To accept the layout of Whispering Pines Drive, located off of France and Pine Streets in Middleborough, MA, as a Town way, such property being shown on a plan entitled "’Whispering Pines Subdivision’ As-Built & Roadway Layout Plan – Whispering Pines Drive", dated October 31, 2002, revised through December 20, 2002, drawn by G.A.F. Engineering, Inc., subject to additional information as requested by the Town Planner.

Unanimous Vote.

Hearing – Request for WRPD Special Permit – Bartlett – 519 Plymouth 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 2, 2003 at 8:15 PM, for the purpose of discussing an application filed by Basil W. Bartlett, P.O. Box 1156, Lakeville, MA for a Special Permit under the Water Resource Protection District by-laws, to allow construction of a section of roadway with associated drainage structures and a single family dwelling with associated driveway and landscaping within 100’ of a wetland located in a WRPD Z2 District. The property is located at 519 Plymouth Street, Assessors Map 042, Lot 4256, zoned Residence A. Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

John Pink, Azor Land Services, was present. He returned the green cards.

Mr. Pink explained that the request was being made for a 3 lot subdivision located east of the Nemasket Hill Cemetery. The access is off of Plymouth Street. A small portion of the cul-de-sac is within the 100’ buffer zone.

The drainage basin and the cul-de-sac grading extend into the 100’ area with Z2, but all encroachments are less than 15% of that area.

Mr. Pink said there have been good perc tests in the back, and there will be a septic system located there. There will be no activity in the other two (2) lots. The project total is approximately 10 acres.

Selectman Wiksten asked if this request had previously been made by Debbie Blais. Mr. Bartlett said it had not, noting that he had purchased the property from residents who have owned it for 70 – 80 years.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request filed by Basil W. Bartlett, P.O. Box 1156, Lakeville, MA for a Special Permit under the Water Resource Protection District by-laws, to allow construction of a section of roadway with associated drainage structures and a single family dwelling with associated driveway and landscaping within 100’ of a wetland located in a WRPD Z2 District for property located at 519 Plymouth Street, Assessors Map 042, Lot 4256, zoned Residence A.

Further, the Board finds that the property:

    1. Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.
    2. Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.
    3. Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and
    4. Will not adversely affect any existing or potential water supply.

Unanimous Vote.

Hearing – Request for Title V Variance – Peck – 167 East Grove Street

The Board received a request from David Peck for temporary use of a well located 140’ away from the septic system until a permanent municipal water line solution to serve the area is resolved.

Mr. Peck told the Board that he does not own the property where the main is going. He said he has 75’ on Rte. 28 with a hydrant.

Selectman Wiksten asked how Mr. Peck was able to get a Building Permit without an approved water supply.

Mr. Peck said there is a well shown on his plan. He said he did not know in advance that it would require a variance.

Jeanne Spalding said the septic plan that had been given to her had indicated there would be Town water. The approval of a septic plan was given based on this.

Mr. Healey questioned what the incentive to work with other lot owners would be if a temporary emergency service line was given from the street to his property. He asked why Mr. Peck would share the cost of an 8 inch main if he was given water.

Mr. Peck said there are five (5) lots: one other existing building and 3 undeveloped. He said the water main would benefit all.

Selectman Wiksten asked if Mr. Peck was advertising property for rent. He said he was.

Richard Tinkham said he had spoken to the property owners; Mr. Peck, Mr. Youngquist and Comcast – and informed them of the Board’s requirement for a 8-inch main. He said Comcast wants to speak to him again.

Selectman Wiksten questioned how a 1" service main was originally put in. Mr. Tinkham said this was done before the became Superintendent.

Mr. Peck said it will cost him more to put in a well than to connect to a water main. He said he currently does not occupy the building.

Mr. Tinkham said an easement between Mr. Youngquist and Mr. Peck has to be worked

out.

Al Hashem owns the remaining two (2) lots. Mr. Tinkham said he has spoken to him and he does not intent to build any further development. He also has frontage on Rte. 28.

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

VOTED: To table the request for one (1) week, asking the Town Manager to come up with a resolution.

Unanimous Vote.

Meeting with Jay Bisio – RE: Request for Waiver

The Board received a request from Jay Bisio to waive the requirement of using flowable fill in the trench of the water main extension down Cherry Street.

Mr. Bisio said that project has gotten more costly, explaining that he is now required to use a 12" main instead of an 8" main. He is also required to install five (5) taps on Cherry Street and an additional hydrant.

Mr. Bisio said he originally had an agreement to use the 12" main with the Town paying the difference from the 8".

Selectman Wiksten suggested Mr. Bisio put in wells. He explained that the street needs a 12" main and any further development will be required to use this. He said the Board has not waived from the requirement of flowable fill, noting that they do not want roads "patched".

Selectwoman Brunelle noted that no one, but Town Meeting, has the authority to make a commitment that the Town would pick up the cost of the difference in the mains.

Selectwoman Brunelle asked if the taps are for existing dwellings. Mr. Bisio said they are.

Selectman Wiksten asked why Mr. Bisio would be required to supply the taps.

Mr. Tinkham said that the cost can be picked up by the developer or the department.

Selectman Wiksten said there needs to be a policy in place. Mr. Healey suggested that property owners be notified prior to the work being done. Selectman Wiksten said this has to be done.

The Board asked Mr. Healey to get the cost of supplying the taps.

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

VOTED: To deny the request made by Jay Bisio to waive the requirement for the use of flowable fill.

Unanimous Vote.

NEW BUSINESS

Update on Budget – FY’04

There was no further discussion on the budget.

Request Permission to Refinance – Johnson – 11 Anderson Avenue

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

VOTED: To approve the request made by Michael and Carlene Johnson, 11 Anderson Avenue, to refinance their home.

Unanimous Vote.

Permission is necessary because of a betterment.

Request Permission for Rodman Ride for Kids

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

VOTED: To approve the request made by Rodman Ride for Kids to pass through Middleborough on Saturday, September 20, 2003, subject to the notification of the Police Department.

Unanimous Vote.

Request to Approve Street Name – ‘Ridge Drive’ – E911 Database Coordinator

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

VOTED: To approve the name ‘Ridge Drive’ for an access path for the Holly Ridge Condominium complex to be built on Wareham Street.

Unanimous Vote.

Request to Approve & Sign State-approved 418 Community Development Plan Scope of Services

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

VOTED: To authorize the Chairman to sign the State-approved 418 Community Development Plan Scope of Services.

Unanimous Vote.

Request for Declaration of Surplus Items – Council on Aging

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

VOTED: To approve the request made by the COA to declare ‘hairdressing’ items as surplus property, with proceeds from an auction to go to the COA Trust Fund.

Unanimous Vote.

Request for Sewer Connection Approval – Field Consulting Engineering Co., Inc.

The Board discussed the proposal of 192 apartments around the Lakeville "T" Station.

Mr. Healey said the developer has offered to pay the Town $500,000 in a "Payment in Lieu of Taxes" for the privilege of connecting to our systems.

Selectman Wiksten said the developer should first approach the Town of Lakeville to sell them the project.

Jonathan White, Oxford Development, told the Board that he had met with the Lakeville Planning Board and presented a basic concept plan. 100% of the units would be credited for 40B because they are apartments. A new revision would allow the Town of Middleborough to be credited for half of the units because they would supply the services.

Mr. White said the Town of Lakeville has been receptive, but he said he needs direction from the Town of Middleborough as to whether or not the connections would be available, or he would have to build a Wastewater Treatment Plant.

Mr. Healey said that the City of Taunton services the area for water, but Middleborough could take this over.

Selectwoman Brunelle said she would like some guidance from the Town of Lakeville.

Selectman Eayrs agreed, noting that he did not want to "enable" 200 apartments in a neighboring Town.

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

VOTED: To send a letter to the developer indicating if Lakeville approves the project it would be the intention of the Town of Middleborough Water Commissioner’s to allow the connection to our sewer.

Unanimous Vote.

Selectwoman Brunelle noted that any Water Agreement would have to be subject to Town Meeting approval by both towns.

Request to Appoint Members to Landfill Study Committee

The Board received 11 applications to fill the 5 at-large positions.

Selectman Wiksten said he was concerned with one of the applicants as to whether or not he is a Town resident. He said he would like to put this out again to see if a more diverse selection could be made, as opposed to limiting it to neighborhood people. He said he wants the Committee to be "totally fair" and "open-minded".

The committee will also include two (2) Capital Planning Committee members, two (2) members of the Board of Selectmen, the Town Manager and the Highway Superintendent.

Upon motion by Selectman Wiksten and Selectman Rogers, the Board

VOTED: To table the appointments for one (1) week.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Nemasket River Productions

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

VOTED: To allow Nemasket River Productions to rent the Town Hall Auditorium on June 4th, 11th and 18th from 6:00 PM to 9:00 PM to hold rehearsals.

Unanimous Vote.

Selectman Wiksten volunteered to open and close the building.

Approve Contractor for A.D. Makepeace

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

VOTED: To approve "Plympton Sand & Gravel" as the contractor for the Earth Removal Project for A.D. Makepeace located on Rocky Meadow Street.

Unanimous Vote.

OLD BUSINESS

Town’s Option to Purchase Chapterland – Milky Way Farm Realty Trust

This item was tabled until next week.

Parking on Long Point Road

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

VOTED: To endorse the parking plan for Long Point Road as submitted by the Safety Officer.

Unanimous Vote.

TOWN MANAGER’S REPORT

VOTED: To appoint Thomas Murphy to the Permanent Cable Committee.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $21.29 and $21.29, totaling $42.58.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by ADT Security Services in the amounts of $206.84 and $103.42, totaling $310.26.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

Unanimous Vote.

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

VOTED: To authorize payment of the bill submitted by Daley & Witten, LLC in the amount of $2,581.25.

Unanimous Vote.

This bill is in connection with the Rocky Gutter 40B litigation. The Board asked that Town Counsel provide a report of what has been paid up to date.

OTHER

Chairman Perkins and Selectwoman Brunelle are scheduled to meet with the Carver Board of Selectmen on Saturday, June 7th at 9:00 AM.

CORRESPONDENCE

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

VOTED: To enter into Executive Session at 11:30 PM to discuss Litigation, not to return to Open Session.

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

VOTE 5 – 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN