SELECTMEN’S MEETING

JUNE 30, 2003

 

Chairman Perkins called the meeting to order at 7:02 PM.

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of June 23, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Title V Variance – 540 Wareham Street

Chairman Perkins opened the hearing.

Nyles Zager, Outback Engineering, Inc., was present. He returned the green cards.

Mr. Zager explained that he is requesting three (3) variances for property at 540 Wareham Street (Lenny’s Auto Body).

Discussion ensued on the location of the system. Mr. Zager explained that if it were put in the larger part of the lot, it would eliminate the parking lot, which is crucial to the business. He also noted that there are old drainage structures in that area.

Chairman Perkins asked if notification was given to the State Highway Department because one of the variances is to the property boundary on Rte. 28.

Mr. Zager said he did not believe he had to do this.

Jeanne Spalding told the Board that the gravel parking area location was of concern because there was quite a bit of material that is not natural. After adjusting for the water table, there would not be much of a parking lot left. She said there was a perc done in the corner that is being proposed.

Ms. Spalding said the system is an appropriate size for the business, and the variances are within reason.

Selectman Rogers asked if a determination was made of how many parking spaces would be lost, or if an attempt for an alternative system was made.

Ms. Spalding said that an alternative system would not save any area. Because she has to "babysit" these, she usually discourages them. She said she would not feel comfortable with the request if it was for residential property.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request, on behalf of Lenny’s Auto Body, for Title V variances as outlined on plans submitted entitled "Subsurface Sewage Disposal System Repair - #540 Wareham Street – Middleboro, Massachusetts", dated May 16, 2003, drawn by Outback Engineering, Inc., subject to the applicants obtaining approval from Mass Highway for the proximity of the repairs to the roadway.

The approved variances are as follows:

    1. A variance in the Title V requirement from 310 CMR 15.405(1)(a) for a reduction in separation between a soil absorption system to a property line from 10’ to 3.
    2. A variance in the Title V requirement from 310 CMR 15.405(1)(b) for a reduction in separation between a soil absorption system to a slab foundation from 10’ to 7’.
    3. A variance in the Title V requirement from 310 CMR 15.405(1)(i) for a 25% reduction in the soil absorption system.

Unanimous Vote.

Hearing – Request for Title V Variance – 78 Vernon Street

Chairman Perkins opened the hearing.

Jeanne Spalding explained that the request was for a sieve analysis to repair a system. It is not new construction.

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 for a Title V Variance for 78 Vernon Street to allow a sieve analysis in substitution for a perc test.

Unanimous Vote.

Hearing – Request for Title V Variance – 44 Rocky Meadow Street

Chairman Perkins opened the hearing.

Jeanne Spalding explained that the request was for a sieve analysis to repair a system. It is not new construction.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request for a Title V Variance for 44 Rocky Meadow Street to allow a sieve analysis in substitution for a perc test.

Unanimous Vote.

Hearing (cont.) – Request for Title V Variance – Peck 167 East Grove Street

Richard Tinkham asked that this hearing be continued as he could not attend tonight’s meeting, and Mr. Healey is on vacation.

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

VOTED: To continue the hearing to July 14, 2003.

Unanimous Vote.

Meeting with Health Officer – RE: Fee Schedule

Jeanne Spalding presented proposed Health Department fee increases. She explained that the changes reflect the time to do inspections and reviews. She also noted the amount of time it takes to track records for systems.

Chairman Perkins asked Ms. Spalding if she had spoken to the IT Director about setting up a program where these calendar themselves.

Ms. Spalding said she needs a comprehensive management septic system tracking file. She had used this previously, but was not sure it had been updated. She said, initially, she had used student interns to input the data.

Ms. Spalding said she has contacted other communities to see what type of program they use. She said she would plan on integrating this with the GIS system.

Selectwoman Brunelle noted that she had met with Ms. Spalding and had completed a "draft" of what an hour of service costs the Health Department, including salaries, benefits, direct expenses and indirect charges. The total was $81.47/hour.

Selectwoman Brunelle said that the requests being made by Ms. Spalding were in line with what should be charged.

Ms. Spalding noted that fees had been increased three (3) years ago, after not being raised for more than 10 years. She explained that she is asking for "incremental increases". She also said that she does not want to hurt the people who are doing repairs on systems.

Chairman Perkins asked what the increase of revenue would be with the proposed fees. Ms. Spalding said it would provide an additional $80,000. Currently, $172,000 is collected by the Health Department.

The proposed fee increases would be in the categories including perc tests, plan reviews, inspections, food service establishments, massage therapist, and several new proposed fees.

Ms. Spalding is also asking that $1.00 be charged for all copies.

A public hearing will be held to discuss the proposed fees on July 14th.

The Board complimented Ms. Spalding on the Food Handling Service Program, saying that have heard positive feedback.

NEW BUSINESS

Update on Budget FY’04

Postponement of Layoffs – Hours Cut

It was the consensus of the Board that the postponement of layoffs through the end of July would include any reductions in hours.

A recommendation was made that the Board meet every other week to have budget meetings. All members agreed.

The July 7th and July 21st meetings will be to discuss budget issues only. No other business will be discussed.

Chairman Perkins suggested that Sandy Bernier and Judy MacDonald be invited to the meeting on July 7th to provide updated figures. He said that the Board needs to know how much money there is to spend, to determine any cuts that will have to be made. He noted that the FinCom has made some cuts that the Board will have to deal with, such as postage. The FinCom will also be invited.

Chairman Perkins suggested that each member create a list of proposals and ideas and submit them to the Board’s Secretary in time to put a packet out next week.

Selectwoman Brunelle said it is critical that the Local Receipts are finalized for next Monday’s meeting, instead of waiting 2 months. She said she had some questions on figures that were provided by the Town Clerk & Accountant.

Selectman Rogers asked if Department Heads would be invited to meet with the Board to hear the concerns of the departments.

Chairman Perkins said the Board would not be able to complete this by the end of July. He noted that a lot of information has been collected by the FinCom. He said he is not opposed to meeting with Department Heads, but said the Board has a lot of groundwork to do first.

Selectman Wiksten noted that impact statements were provided by Department Heads.

Selectman Eayrs said he was not as optimistic with the process. He said there are still questions regarding local receipts, the Simeone money, and other funds. He said there is "fuzzy math" involved with some of these which needs to be cleaned up. He said he had no objection to meeting with the FinCom, but was not interested in "exchanging philosophies". He did not feel the Board was "close enough" to meet with the FinCom.

Chairman Perkins noted that, since Town Meeting, and the defeat of the override vote, some departments have made concessions to avoid layoffs, reducing hours.

Selectman Eayrs noted that the Board has not asked the Unions for concessions. He said if the Board doesn’t ask, it won’t happen. He said the Board needs to decide what to ask of the Unions.

Chairman Perkins suggested that suggestions be written down for the Board’s packets.

Selectwoman Brunelle asked for an update from the Town Clerk & Accountant, revising the expenditure projection without using the Free Cash.

Appoint Landfill Committee

The Landfill Study Committee will include 2 Selectmen, 2 Capital Planning Members, the Highway Superintendent, the Town Manager, and 5 members-at-large.

Selectman Rogers said the Town Manager and the Highway Superintendent should not be included in the committee. Selectwoman Brunelle suggested they be ex-officio members.

Discussion ensued on who the representatives would be from the Capital Planning Committee.

Chairman Perkins suggested that Selectman Rogers be one of the representatives for the Capital Planning Committee. This would allow 2 additional Selectmen to be on the Committee.

Selectwoman Brunelle said this could not be done because it would constitute a majority of the Board.

Selectman Rogers suggested Anders Martenson, Jr. be a representative for the Capital Planning Committee, as he was involved with the original Landfill Committee.

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

VOTED: To appoint Neil Rosenthal and Anders Martenson, Jr. to the Landfill Study Committee as representatives of the Capital Planning Committee.

Unanimous Vote.

 

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

VOTED: To appoint Selectman Wiksten and Selectman Rogers as the Board’s representatives on the Landfill Study Committee.

Unanimous Vote.

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

VOTED: To appoint Bruce Atwood to the Landfill Study Committee as an at-large member.

Unanimous Vote.

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

VOTED: To appoint Stephen Morris to the Landfill Study Committee as an at-large member.

Unanimous Vote.

Selectman Wiksten made a motion to appoint Daniel Costello. Selectman Eayrs said he would not support this because of the relationship with Mr. Costello in regards to the Washburn Mill property.

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

VOTED: To appoint Charles Einstein to the Landfill Study Committee as an at-large member.

Unanimous Vote.

Chairman Perkins said he would like to see Neil Kilpeck appointed. He said Mr. Kilpeck has expressed interest in this situation and is a responsible individual.

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

VOTED: To appoint Neil Kilpeck to the Landfill Study Committee as an at-large member.

Unanimous Vote.

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

VOTED: To appoint Michelle Callahan to the Landfill Study Committee as an at-large member.

Unanimous Vote.

Selectman Eayrs asked about appointing alternate members. He suggested Arlyce Doucette be appointed as an alternate.

Selectman Wiksten said that the area near the landfill has been well represented on the committee.

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

VOTED: To appoint Edward Pratt and Leonard Ruprecht as alternates to the Landfill Study Committee as an at-large member.

Unanimous Vote.

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

VOTED: To appoint the Highway Superintendent and the Town Manager as ex-officio members of the Landfill Study Committee.

Unanimous Vote.

Terms are for one (1) year. The Board discussed what the charge of the Committee would be. Chairman Perkins suggested the Board wait until Mr. Healey returned from vacation.

Chairman Perkins said he would like the committee to look at trash fees.

Selectwoman Brunelle said she was not opposed, and suggested this could be one of the first objectives of the committee.

Selectman Rogers suggested that the Board include trash fees, alternatives systems and the bag programs as charges.

Selectwoman Brunelle said the committee could make recommendations.

Selectman Eayrs said that, in light of the override defeat, he was opposed to a trash collection fee. He said this is a subtle way of imposing tax on residents.

Selectman Eayrs said he was not in favor of looking at trash fees this summer. He said the charge should be to look at the future of the landfill, ways to maximize its life, and its profitability.

Selectman Rogers said the Board needs information on what a fee would generate into order to decide.

Selectman Eayrs said he agreed, but noted the math is easy enough to do.

Selectwoman Brunelle said the Board needs to at least look at fees. She said one result may be the privatization of trash collection. She said this would alleviate some of the burden on the Highway Department.

Chairman Perkins said the Board needs to know what the actual cost to remove trash is.

Selectman Wiksten said the Board was talking about 2 completely different things: trash pick-up and the landfill. He said the trash pick-up has only been connected to the landfill because of the RFPs. He said the committee should be focused on the cost of the landfill, what it takes to operate it, and what it takes to make it profitable. He said the trash fee is a separate issue that the Board will have to deal with.

Selectman Rogers said there are three (3) issues: recycling, trash and the landfill operation.

Selectman Rogers commended all who applied for the Landfill Study Committee. Neil Rosenthal agreed, and encouraged all to attend the meetings for input. He said he did not believe it was beyond the realm of the committee to discuss trash fees.

The first meeting will not be scheduled until the return of the Town Manager.

Request to Change Policy for Recycling Operations – Highway Superintendent

Donnie Boucher requested changes in the policies for recycling operations. He said this would not only be a cost savings, but would free up two (2) people to do maintenance and construction work. It would not impact the residents. It would also help to cut down on fuel and the wear and tear on equipment.

Selectman Rogers asked when the changes would start. Mr. Boucher said August 1st.

Chairman Perkins said the proposal makes sense, noting that the DPW is short six (6) people with the budget problems. Changes made are for recycling only.

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

VOTED: To approve the following two (2) changes:

    1. Recyclables will not be collected on Saturdays for holidays.
    2. Recyclables will be collected every other week.

Unanimous Vote.

Selectwoman Brunelle asked if mechanics time is separated between the DPW departments.

Mr. Boucher said it used to be, but has not been separated for about 16 years. He explained how each department sometimes "loans" workers to other departments. He said it is a very minimum amount of time.

Selectwoman Brunelle suggested this be done on an annual basis.

Request to Review Parking on Coombs Street – Fire Chief

The Board received correspondence from the Fire Chief expressing concerns with the parking on Coombs Street. He explained that the rescue trucks were unable to pass through the street when a call was received. He suggested parking on one side of the street.

Chairman Perkins said this is a public safety issue.

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

VOTED: To forward the concern to the Safety Officer for review and recommendations, and have him work with the Fire Chief to address any problems with other streets.

Unanimous Vote.

Request Permission for "Krazy Days 2003" – Krazy Days Committee

The Board received correspondence from the Highway Superintendent regarding the cost associated with Krazy Days.

Mr. Boucher said that the current cost associated with setting up and cleaning up after Krazy Days is approximately $619.00. This money comes out of the Highway Overtime account.

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

VOTED: To approve the request made by the Krazy Days Committee to close the intersection of North Main, South Main, Wareham and Center Streets, from 7:00 AM to 6:00 PM on Friday August 1st and Saturday August 2nd.

Unanimous Vote.

Because this will be the last "Krazy Days", it was the consensus of the Board not to charge for the Highway Department costs. However, if it is done another year, they will be asked to help with the costs.

OLD BUSINESS

Chairman Perkins told the Board that he had met with Bruce Arons and Bill Gedraitis regarding securing the Washburn Mill property. The Board had asked Mr. Arons to speak to Dan Costello about securing the building.

Mr. Costello is willing to do this with some concessions. This will be done at no cost to the Town.

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

VOTED: To allow Mr. Costello, at his expense, to demolish all the existing structures except the original Grain Mill Building 58’x60’ and to plywood over all the remaining openings and windows of the remaining Grain Mill Building to standard of the "National Arsons Prevention" board up procedure. In return, the Town will allow the demolition material to be dumped at the Town’s landfill at no cost to Mr. Costello.

Unanimous Vote.

Selectwoman Brunelle questioned how much money was being waived in fees versus boarding the building.

It was the consensus of the Board to allow Mr. Costello to proceed to resolve the problem as soon as possible.

TOWN MANAGER’S REPORT

Mr. Healey is on vacation.

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 $21.31, totaling $42.60.

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.

OTHER

Ted Lang addressed the Board about a deficiency in the FY03 Purchase of Services Account.

Mr. Lang told the Board that he had responded twice to a memo from the FinCom regarding the need for supplements to the COA FY03 budget.

The FinCom approved the request for $7,000 for Personnel Services, but did not approve $3,000 for Purchase of Services.

Mr. Lang said the funds were being asked to supplement vehicle and equipment maintenance accounts. He said he had also approached the Peirce Trustees, but was denied because this is for normal operational costs.

Mr. Lang said he was frustrated, after having gone through the necessary channels. He said delaying payment of the bills does not reflect well on the COA and the Town of Middleborough.

He said the amount of money has been somewhat reduced, as one of the vendors has billed after July 1st. He said they still owe $1520.

Selectwoman Brunelle said the Board could not appropriate money, as there are no funds. She said this was a problem with the FinCom and questioned why this was not addressed in a supplemental article for Town Meeting. She said they knew in plenty of time. She said the bill will have to go to the Fall Town Meeting as an unpaid bill.

Selectwoman Brunelle said the Board should be given copies of requests to pay unpaid bills.

Mr. Lang said the Board of Directors wanted this brought to the attention of the Selectmen.

Selectwoman Brunelle asked why a Director did not amend the article at Town Meeting.

Mr. Lang said he did not know, but assumed that the Directors thought he would be able to do this.

CORRESPONDENCE

Week of June 30th

The Board’s Secretary will schedule a meeting with the proposers, and invite the Historical Commission.

Selectman Rogers asked why the training money could not be used for the Water Department in regards to the survey for Bioterrorism.

Chairman Perkins said the money is for communications.

Selectman Wiksten suggested that Lt. Armanetti could answer the question.

Neil Rosenthal suggested the money should be used to purchase protective closing for emergency responders.

The Board received notice from the ConCom that they will proceed with demolition of the barn.

Selectman Eayrs said he was not aware the barn would be demolished. He also noted that Town had requested permission from the heirs of the Morgan property to dispose of any personal items. He said he did not believe the Town had the right to demolish the property until a response was received.

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

VOTED: To send a letter to the ConCom, indicating they do not have authorization to destroy any buildings until there is a release from the heirs of the Morgan property, and to send a letter to Town Counsel asking for the status on the release, and what right the Town has to proceed.

Unanimous Vote.

The ConCom will also be asked why they are starting with demolition of the barn, and an update on the trailers on the property.

The letter explained that Christmas Tree Shops, Inc. will continue to own the property in Middleborough and continue to operate the distribution facility.

Week of June 23rd

Chairman Perkins noted that the Board prohibited neon signs. He said there are no offensive signs in the windows. Selectman Rogers agreed.

Selectman Wiksten said a delivery had been made in the front of the property today, blocking the sidewalk. He said the lessor of the building needs to be reminded that deliveries are to be made in the rear of the building.

Motion was made by Selectman Eayrs and seconded by Selectwoman Brunelle to send a letter to the lessor asking that he adhere to the terms of the vote suggesting signage be done in "good taste" and to enforce the deliveries to be made in the rear of the building. Discussion ensued.

Selectwoman Brunelle asked if the conditions were put on the actual License. The Board’s Secretary said they were not.

Selectman Wiksten suggested sending a copy of the Minutes to the lessor.

Neil Rosenthal, owner of the building, said he questioned the restrictions on a business. He said every other business unloads the trucks in front of the businesses. He also said the lessor has agreed to keep the signage tasteful, and this is in his lease. He said rules need to be for everybody.

Chairman Perkins said the Board had put the restriction for the rear deliveries because of the proximity to the lights. He said a truck parked in front of that location creates a public safety hazard. The lessor had agreed to take the deliveries in the back of the building.

Mr. Rosenthal said this would not have been an issue for any other type of business there, as it would not have come before the Board.

Mr. Rosenthal explained that access through the rear is extremely limited. He said the front of the building is the lessor’s access, and that’s how he’s supposed to conduct business.

Mr. Rosenthal suggested asking the lessor to come before the Board.

 

Chairman Perkins said the rear delivery was the vote of the Board, and the lessor would have to come back before the Board to ask for any changes.

Motion was passed unanimously.

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

VOTED: To enter into Executive Session at 9:50 PM, not to return to Open Session, to discuss Litigation and Collective Bargaining.

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