SELECTMEN’S MEETING

JUNE 21, 2004

 

 

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

 

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

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of May 24, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of May 24, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of June 7, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of June 14, 2004.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for WRPD Special Permit – Lot 5 Ashley Place – AGS Development Corp.

 

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 21, 2004 at 7:05 PM, for the purpose of discussing an application filed by A.G.S. Development Corp. for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 28’x90’ office building with associated paved parking area.  The property is located on Ashley Lane and is shown as Assessors Map 072 Lot 5421, zoned General Use, W.R.P.D. “Z3”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Attorney Robert Mather was present to represent the applicant.  He returned the green cards.

 

Attorney Mather introduced Elliot Schneider, the applicant, and Jason Youngquist, the project engineer from Outback Engineering.

 

Attorney Mather explained that the project is located on the corner of East Grove Street and Ashley Lane. 

 

The proposal is to build a 28’x90’ office building with four (4) rental units.  Attorney Mather noted that this type of business is allowed in a General use zone, and doesn’t require ZBA approval. 

 

Attorney Mather also explained that access to the building will be from Ashley Lane.  He said this roadway was approved as part of the Ashley Place Subdivision, and has never been accepted by the Town.  He said he has researched this issue, and has found that the applicant has a right of way. 

 

Attorney Mather presented a rendering of what the building will look like, noting it fits in with the character of Ashley Place.

 

Discussion ensued on the previous owner of the property.  Mr. Healey said the previous owner had tried to build on the property, but this was rejected for some reason.

 

An abutter to the property explained that the building was denied because of a frontage issue, and the entrance would be from East Grove Street.

 

Attorney Murray said he assumed that the previous owner had not researched the frontage issue.  He said his client has obtained a commitment from a Title Insurance Company to ensure access to the property over Ashley Lane.  He also noted that this was a WRPD hearing, not a forum for discussion of the roadway.

 

Chairman Perkins noted there were no Health Department concerns.

 

Attorney Bill Bordman, representing the Ashley Place Tenants Association, questioned what would happen if the access to Ashley Lane was changed subsequent to the Board’s approval of the WRPD Permit.

 

Chairman Perkins explained that approval was being issued based on the plans that were submitted.  Any modification will require the Board’s review.

 

Discussion ensued on an “island” in the middle of the road.  Mr. Youngquist said this will be used for exiting the property.  He said the opening will allow for a turn around.  Residents disagreed.

 

Selectman Wiksten suggested the Fire Chief review this.  Selectwoman Brunelle suggested asking the Building Inspector to note this when he reviews it.

 

 

Mr. Healey said the island was the issue at the time the previous owner had submitted plans.  He said it is a central feature of the entrance way and part of the Ashley Place Condo project.  He said the Town Planner should also be asked to review this and come up with information that was developed last time the issue was addressed.

 

Selectman Andrews said the Planning Board had previous problems with Colby Estates, and doesn’t look favorably on these islands.

 

Selectman Wiksten said these concerns do not fall within the WRPD Permit, and should be brought to the attention of the Building Inspector.

 

Jason Youngquist presented the drawings to the abutters who were present.  He also answered further questions on the placement of the driveway.

 

Chairman Perkins explained that, according to the WRPD Bylaw, if no more than 25% of the parking lot was impervious, there would be no problem.  The request is for 40%, and therefore requires an engineer to show that the run-off water will stay on the lot.

 

Attorney Mather told the residents that his client would be more than happy to meet with the neighbors to address any concerns.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Selectman Andrews suggested the Planning Board do a quick review of the plan, including fencing around the drainage outlets because of children in the area.

 

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

VOTED:  To approve the application filed by A.G.S. Development Corp. for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 28’x90’ office building with associated paved parking area for property located on Ashley Lane, Assessors Map 072 Lot 5421.  The Board further found that the project is

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 Title V Variance- 4 Woloski Park

 

Catherine Hassett, Assistant Health Inspector, was present.  She explained that there would be two (2) requests tonight for properties abutting each other.  She said she considered the requests for the variances to be under emergency repairs.

 

John Churchill, Design Engineer, presented the green cards and explained the requests for variances.  He said the system is in failure, and the overflow runs down the street to an adjacent stream.

 

Mr. Churchill explained there are three (3) wells on the property, but only the furthest well from the system is being used.  A water analysis was conducted on this.

 

Mr. Churchill said that if the Board approves the request for the variances, it will have to be submitted to the DEP for further approval.  He said he was looking for a “conditional” letter from the Board, and would make revisions to the plans if necessary.

 

Jeanne Spalding as the Board to consider a Deed Restriction on 4 Woloski Park to two(2) bedrooms.  She said there is currently a third bedroom being used in the garage.

 

Ms. Spalding was also concerned with a small right of way over Purchade Brook.  She said the plans show a small cement culvert over it, but she was worried about heavy trucks traveling over it.  She questioned if the installer was going to be properly licensed and insured.

 

Selectman Wiksten said smaller trucks could be used.  He also noted this would be private property, and the Town would not be required to fix it.

 

Mr. Churchill suggested a condition of the variance be that a bond be held.

 

Mr. Healey asked what a sufficient amount would be for a bond.

 

Mr. Churchill estimated between $50,000 - $100,000.  He suggested making the bond conditional upon a constructional estimate.

 

Selectman Wiksten questioned why the tanks are so heavy.

 

Mr. Churchhill said it is for buoyancy, explaining they will be sitting in water.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve your request for local upgrade approvals from 310 CMR 15.211, in accordance with 310 CMR 15.401 – 15.404, necessary for the upgrade of an existing failed septic system at 4 Woloski Park as follows:

1.                  A 4.0’ variance (10.0’ – 6.0’) for the setback from the leaching facility to the westerly property line.

2.                  A 5.0’ variance (10.0’ – 5.0’) for the setback from the leaching facility to the northerly property line.

3.                  A 7.3’ variance (10.0’ – 2.7’) for the setback from the pump chamber to the westerly property line.

4.                  A 8.0’ variance (10.0’ – 2.0’) for the setback from the septic tank to the westerly property line.

5.                  A 0.9’ variance (20.0’ – 10.1’) for the setback from the leaching facility to the foundation wall.

6.                  A 7.9’ variance (10.0’ – 2.1’) for the setback from the septic tank to the foundation wall.

7.                  A 7.2’ variance (10.0’ – 2.8’) for the setback from the pump chamber to the foundation wall.

8.                  A 27.2’ variance (100.0’ – 72.3’) for the setback from the leaching facility to the well at parcel 2482.

9.                  A 6.3’ variance (100.0’ – 93.7’) for the setback from the leaching facility to the well at parcel 2457.

 

The Board also approved a request for an additional variance to perform a sieve analysis in place of a standard perc test, and that a Deed Restriction be placed on the property to maintain it as a 2 bedroom dwelling, to require removal of the third bedroom, to require the contractor to supply a sufficient bond in an amount acceptable to the Town Manager and the Building Commissioner to cover repairs of any damage to the culvert and the bridge, to provide reinforcement to the existing bridge, and to use the smallest construction vehicles possible.

            Unanimous Vote.

 

Hearing – Request for Title V Variance – 6 Woloski Park

 

Ms. Hassett explained that this property has a system that has failed two (2) inspections.  She said it is being used as a rental property, and there are 2 adults and 1 child living in the one (1) bedroom dwelling.

 

Chairman Perkins opened the hearing.

 

Mr. Churchill presented the “green cards”.  He told the Board that this property faces the same challenges as described in the previous hearing.

 

Ms. Hassett recommended a Deed Restriction for one bedroom.

 

Chairman Perkins asked if the plans would be altered to show one bedroom.

 

Mr. Churchill said they could, but noted that the one bedroom is written in the notes on the plan.

 

Discussion ensued on the bond that would be a conditional requirement for approval.

 

It was the consensus of the Board that the same bond could be used for both projects, as long as it was in place until the completion.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request for local upgrade approvals from 310 CMR 15.211, in accordance with 310 CMR 15.401 – 15.405, necessary for the upgrade of an existing failed septic system at 6 Woloski Park as follows:

1.      A 4.0’ variance (10.0’ – 6.0’) for the setback from the leaching facility to the westerly property line.

2.      A 5.0’ variance (10.0’ – 5.0’) for the setback from the leaching facility to the southerly property line.

3.      A 30.0’ variance (100.0’ – 70.0’) for the setback from the leaching facility to the well at parcel 2482.

4.      A 16.7’ variance (100.0’ – 83.3’) for the setback from the leaching facility to the well at parcel 2457.

5.      A 8.8’ variance (100.0’ – 91.2’) for the setback from the leaching facility to the proposed well on 6 Woloski Park.

 

The Board also approved a request for an additional variance to perform a sieve analysis in place of a standard perc test, and that a Deed Restriction be placed on the property to maintain it as a 1 bedroom dwelling, to require the contractor to supply a sufficient bond in an amount acceptable to the Town Manager and the Building Commissioner to cover repairs of any damage to the culvert and the bridge, to provide reinforcement to the existing bridge, and to use the smallest construction vehicles possible.

            Unanimous Vote.

 

Hearing – Request for Class I License – McGee Chevrolet – 161 South Main Street

 

Chairman Perkins read the following:  “The Middleborough Board of Selectmen will hold a public hearing on Monday, June 21, 2004 at 8:00 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing an application filed by McGee Chevrolet Inc., to allow a business to be conducted with a Class I License at 161 South Main Street, Assessors Map 58I Lot 4245.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Karen McGee, representing the applicant, returned the green cards.  She explained that they are purchasing “Chace Chevrolet”, and are requesting a Class I License.

 

Selectman Wiksten noted a letter from the Building Commissioner asking if other aspects of the dealership will remain the same, specifically the repairs and vehicle maintenance.

 

Ms. McGee said the dealership would remain the same.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the application filed by McGee Chevrolet Inc., to allow a business to be conducted with a Class I License at 161 South Main Street, Assessors Map 58I Lot 4245.

            VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

 

Hearing – Liquor Sales Violations

 

Seven Star Liquors

 

Gary Russell, Police Chief, was present.  He told the Board of two (2) separate violations that lead to the recent “sting” conducted by the Police on April 2nd.

 

On March 13th, a 20 yr. old purchased alcohol and was subsequently stopped by Detective Perkins.  He had no ID.

 

The minor was brought back to the store.  Dash Patel said he had carded the person, and the ID said he was 21.  Detective Perkins informed him that no ID was found. 

 

The other incident occurred on August 27, 2003.  A 17 yr. old male was observed purchasing liquor.  Police stopped him, and he told them that he had been buying at the store for about 9 months, and had never produced an ID.  This means he would’ve been 16.

 

Attorney Arthur Perlman told the Board that he represented Arvind Patel, Manager of 7 Star Liquors.  He told the Board that his client was not contesting what the officer said.  He said he couldn’t agree or not agree to the fact that the minor had been at the store previously.  He said his clients was embarrassed. 

 

Attorney Perlman said, in the first instance, his client was involved in remodeling the store, and didn’t pay attention.

 

In the second instance, Mr. Patel said he had sold to the person previously, after checking an ID.  He said he felt he knew him from that time, and did not card him again.

 

Attorney Perlman told the Board that his client now checks IDs each and every time a purchase is made.  They have also purchased a machine that checks IDs by running them through the machine.  They also no longer take out of state IDs, or paper IDs.  One of the clerks no longer works there.

 

Selectman Bond asked if the Attorney was arguing mitigation of actions after the fact that should result in no revocation or modification of the license.

 

Attorney Perlman said yes.  He reminded the Board that his client had not sold during the police sting.

 

Selectwoman Brunelle asked if there were any previous violations in the past two (2) years.

 

Chief Russell said he did not know of any.  He confirmed that an ID was requested during the sting.

 

Mr. Healey noted the second incident where the minor told Police he had bought at least a dozen times over 9 months.

 

Attorney Perlman said that because the minor said so, doesn’t mean it’s true.

 

Chairman Perkins said he was concerned that Middleborough had the reputation as the “place to come buy”.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Discussion ensued on the “swipe” device.  It was noted that this could be bypassed to make a sale.

 

Attorney Perlman said his client deserves consideration on acknowledging what had happened, and taking action.

 

Selectwoman Brunelle made a motion, seconded by Selectman Wiksten, to suspend the liquor license for a period of 7 days beginning tomorrow morning.

 

Discussion ensued on what the amount of time for the suspension should be.

 

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

            VOTED:  To amend the suspension from 7 days to 2 days.

            VOTE 4 – 1 (Selectwoman Brunelle voted against)

 

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

VOTED:  To suspend the Liquor License for Seven Star Liquors for two (2) days beginning tomorrow.

            VOTE 4 – 1 (Selectwoman Brunelle voted against)

 

Attorney Perlman told the Board his client would bring the License to the Town Hall in the morning.

 

Bourne Food Mart

 

Gary Bourne, Manager of the business, was present.

 

Chief Russell explained that Officer Graham observed a male and female exit the store, carrying a bag.  Neither appeared to be over the age of 21.  A traffic stop was made, and acknowledgment was made that neither was of age.  They told the Officer that they were not asked for an ID, and that it was “not the first time” they had purchased liquor there.

 

Mr. Bourne said he was embarrassed by the situation, and did not dispute the facts.  He said criminal charges were brought against the clerk, who has been through the criminal process and has paid fines.  He said the clerk is still employed because he is a “good employee”.  He noted this was his first violation in five (5) years.

 

Chief Russell told the Board he knew of no prior offenses, and noted they did not sell alcohol when the sting was conducted.

 

Selectman Andrews noted the difference in the impact of a suspension because the store sold more than just alcohol, as in the previous hearing.

 

Selectman Wiksten asked Mr. Bourne if he was familiar with the “swipe” machine.

 

Mr. Bourne said he was, but noted it “still boils down to how good the cashiers are”.  He said he had previously offered a reward of $100 to get cashiers to card customers.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Motion was made by Selectwoman Brunelle to suspend the License for 7 days.  There was no second.

 

Motion was made by Selectman Bond, and seconded by Selectman Wiksten, to suspend the License for a period of 1 day.  Discussion ensued.

 

Selectwoman Brunelle questioned why a lesser penalty would be given when the store owner has not purchased equipment or put other measures in place.

 

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

VOTED:  To amend the motion to suspend the Liquor License for a period of 2 days.

            Unanimous Vote.

 

 

 

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

VOTED:  To suspend the Liquor License for Bourne Food Mart for a period of two (2) days beginning tomorrow.

            Unanimous Vote.

 

Meeting with Warren Lane – RE:  Regulatory Agreement for Tispaquin Farms Development

 

Warren Lane, Land Use Associates, met with the Board to discuss a Comprehensive Permit that was recently approved by the ZBA under the auspices of MassHousing’s “Housing Starts” program.  Under that program, the Regulatory Agreement, which governs such matters as the resale of affordable units, the developer’s profit limitation, and the Town’s right of first refusal of an affordable unit upon resale must be signed by the developer, the chief elected official of the community, and MassHousing.

 

Mr. Lane explained the proposal is for a 20 lot subdivision. 

 

Chairman Perkins said he had read the agreement, and believed it to be intact.

 

Mr. Lane said that Town Counsel had also reviewed the agreement on behalf of the ZBA.

 

Selectwoman Brunelle said she was uncomfortable with the fact that some of the forms had “blanks” left on them.

 

Mr. Lane explained that these are attached as to form only, as examples of riders that will be attached for each individual unit.

 

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

VOTED:  To authorize the Chairman to sign the Regulatory Agreement for Tispaquin Farms.

            Unanimous Vote.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

Mr. Healey told the Board that, now that Town Meeting is over, he was recommending the Collaborative Leadership Group continue to meet regularly to keep track of revenues and to develop a three to five year plan for building the Town’s Reserves and eliminating the Structural Deficit.

 

Mr. Healey explained that Town Meeting ended with a $488,490 deficit, based on the assumptions that were made.

 

Chairman Perkins asked why the Collaborative Group would continue, questioning what was accomplished.

 

Mr. Healey said the Group “came close to an agreement”, but ran out of time.  He said the Group provided a better understanding of budget and process.

 

Selectman Wiksten noted that the School Committee had said they could wait for the extra money ($488,490) until September.

 

Selectwoman Brunelle said there was a problem because the Board had not made any policy decisions regarding the department’s budgets that report to it.  She said meetings with Department Heads have to take place early in the process, before budgets are submitted.  She said she knew that the School Committee would not settle for less than the amount they wanted.

 

Selectwoman Brunelle said the Group could go on for information, but she realized there won’t have a general consensus.  She said the Town is spending beyond its means, and the Board needs to be the leader.

 

Chairman Perkins asked if the Group should be kept together to develop a long-term plan.

 

Selectwoman Brunelle said it shouldn’t.  She said the Board has to do something.

 

Selectman Wiksten agreed, but said other Boards should be asked for control in negotiations.  He also said he remembered meeting with Department Heads individually to review their budgets prior to Town Meetings in the past.

 

Neil Rosenthal said the Board cannot control who shows up at Town Meeting. 

 

Mr. Healey said the Board needs to set policy.  He noted that the School Department “gets a head start on this each year”.  They have hearings in January for the following year’s budgets.

 

Chairman Perkins said the School Committee did not act as “team players”.

 

Request to Approve & Sign “Notice of Abandonment” – Town Counsel

 

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

VOTED:  To approve and sign the “Notice of Abandonment” in regards to easement on Plain Street.

            Unanimous Vote.

 

Review “Underage Liquor Sales” Draft Policy & Guidelines

 

Selectman Bond told the Board that he had drafted some guidelines in regards to underage liquor sales.  He said Chairman Perkins has reviewed this.

 

 

 

Selectman Andrews asked if the Board was “telling police how to conduct their business”.

 

Chairman Perkins asked Chief Russell is he was comfortable with the regulations.

 

Chief Russell said he was.  He said he allowed for zero tolerance.  He noted that every violation will be charged criminally.

 

Selectwoman Brunelle said she did not want to establish penalties if it meant that the Board could not revoke the license.

 

Selectman Bond suggested adding a paragraph that would state that the Policy was a guidelines, and at no point would it modify or revoke the power of the Board to revoke or suspend a license.  He said this would be used to give notice to License holders.  The Board would not be restricted to these penalties.

 

Selectwoman Brunelle suggested incorporating the rules for drinking establishments, such as what times drinks have to be off the tables.

 

Chief Russell suggested that part of the penalty of the first offense could be to require the Licensee to purchase a “swipe” machine.  Selectman Bond agreed, saying it could be used to avoid the maximum penalty.

 

Discussion ensued on the time in between offenses.

 

Selectman Bond suggested stretching out the period of time so Licensees know they are being watched for a longer period of time. 

 

Selectwoman Brunelle suggested it last for the “life of the license”.

 

Selectman Wiksten said it should be set in the policy that owners are responsible for their employees, and there would be no tolerance.

 

Chief Russell told the Board that these are “guidelines”, and the Board would have the final say.

 

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

VOTED:  To send the Draft “Underage Liquor Sales” Policy & Guidelines to Town Counsel to review, after it has been amended with additional language.

            Unanimous Vote.

 

Town’s Option to Purchase Chapterland – Thomas – Plain Street

 

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

VOTED:  To decline the Town’s option to purchase land located at 61 Summer Street, currently under Chapter 61.

            Unanimous Vote.

 

Request for Second Hand Furniture License – “Denise’s Victorian Cottage”

 

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

VOTED:  To issue a Second Hand Furniture License to Denise Teceno d/b/a Denise’s Victorian Cottage” for property located  at 47 Oak Street, from 9AM to 5PM, beginning July 10, 2004.

            Unanimous Vote.

 

Request to Appoint Special Counsel – Zoning Board of Appeals

 

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

VOTED:  To authorize the Zoning Board of Appeals to appoint Jonathan Witten of Daley and Witten, LLC at $120.00 per hour, as Special Town Counsel with regards to the pending case of Middleborough Commons, LLC vs. Middleborough Zoning Board. 

            Unanimous Vote.

 

Request for Sunday Public Entertainment License – Boston/Cape Cod KOA, Inc.

 

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

VOTED:  To approve the request made by Boston/Cape Cod KOA, Inc. for a Sunday Public Entertainment License for 4 video machines and 1 pinball machine.

            Unanimous Vote.

 

Request to Use Town Hall Lawn – Central Baptist Church

 

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

VOTED:  To approve the request made by Central Baptist Church to use the Town Hall front lawn during the week of July 12th through July 16th.

            Unanimous Vote.

 

Request to Expend Funds – Treasurer/Collector

 

Discussion ensued on a request from the Treasurer/Collector to expend funds to provide for a drinking fountain at the Public Library.  A letter from George Decas referred to in the letter from the Treasurer/Collector was not attached.

 

Chairman Perkins asked that the item be tabled until the next meeting.

 

 

Request to Set Summer Schedule

 

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

            VOTED:  To meet bi-weekly after the Fourth of July until Labor Day.

            Unanimous Vote.

 

OLD BUSINESS

 

Update on Eagles Club

 

Mr. Healey told the Board that Mr. Medeiros has applied for a Demolition Permit for 23 Wareham Street, and is waiting for approval from DEP.

 

Selectman Bond said the permit was applied for today.  He said there has been recent police reports regarding children playing on the roof.  He said the Board had previously received a petition from neighbors, and there have been many newspaper articles on the subject.

 

Motion was made by Selectman Bond to authorize the Building Inspector, under MGL 143 sec 7, to immediately enter the building to secure the roof and fence the property to prevent access to the roof and other parts of the building.  There was no second.

 

Selectwoman Brunelle noted that the Town had let the Washburn Grain Mill sit much longer, which was a more dangerous situation.  She noted Mr. Medeiros is in the process of getting the building removed.  She suggested he be given time for the approval process.

 

Mr. Healey said Mr. Medeiros has been asked to do something about the building several times.  One recently has he been “making noises in the right direction”.  He said he didn’t disagree that an action would be in order as a back-up to his clear intent to do something.  He said Mr. Medeiros needs to know that the Board is serious.

 

Selectman Wiksten suggested Mr. Medeiros be given a detailed letter, with a timeline, from the Building Inspector as to what he recommends.  He said he agreed the building is an “eye sore”.

 

Mr. Healey suggested asking Mr. Medeiros to appear before the Board.

 

Chairman Perkins said he would speak to Mr. Medeiros, and get back to Mr. Healey.

 

 

 

 

 

TOWN MANAGER’S REPORT

 

Landfill Gas

 

Mr. Healey told the Board that the WMAC had met with Don Triner of the Middleborough Gas & Electric Department about MG&E Department’s interest in paying for an Engineering Analysis of the potential value of the landfill gas.  Mr. Triner has also requested to continue attending meetings and participate in negotiations with regards to this matter.

 

Joint Transportation Planning Group (JTPG)

 

Mr. Healey told the Board that the JTPG has met and took two (2) actions:

 

1.                  They endorsed the Town’s letter requesting jersey barriers and ruble strips on Route 44 from the merge of the double barrel section, and to notify M.H.D that they will adjust the Transportation Improvement Plan to reflect Federal Aid dollars, if needed, to pay for the change order.

2.                  they voted to move the $430,000 allocation in FY07 for the Reconstruction of the intersection at Route 28 and 105 up to FY05.  This means that the left hand turning lanes and re-signalization could be done next year.  Wood Street and Rte. 28 should be signalized this year.

 

Selectman Wiksten suggested the Police and Fire Chiefs be contacted to coordinate the turnarounds for the jersey barriers.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, PC in the amount of $2,906.05.

            Unanimous Vote.

 

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

VOTED:  To authorize payment of the bill submitted by Larry Koff & Associates in the amount of $10,500.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $11,238.06.

            Unanimous Vote.

 

 

OTHER

 

ü      Selectwoman Brunelle asked if anyone knew who planted the flowers in the old water trough in front of the Town Hall.

 

Mr. Healey said he had saw an African American gentlemen planting them, but didn’t recognize him.

 

Selectwoman Brunelle asked that the person make himself known so that he can be thanked appropriately.

 

ü      Mr. Healey said he would not be available to attend a meeting of the Council of SEMASS Communities scheduled on the 24th at 10AM.

 

No members were able to attend.  Mr. Healey will ask that information from the meeting be sent to him.

 

CORRESPONDENCE

 

v     The Gas & Electric Department has asked to be involved in determining the PILOT & Indirect Costs for next year.

 

v     Recommendations were made from the Police Chief and the Highway Superintendent in regards to Cushman Street and Miller Street.

 

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

VOTED:  To place the mobile speed limit unit on Miller Street for a duration when it is available, to place a police cruiser on stationary radar at different time intervals, preferably in the mornings and afternoons, to place railroad crossing signs and children signs, paint a pedestrian crosswalk on Miller Street at the Smith Street intersection, and also in front of the Rock Village Library, and to have the Town look into the condition of the sidewalks on Miller Street from the Rte. 495 overpass bridge to the Rock Village Store.

      Unanimous Vote.

 

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

VOTED:  To send a letter to Katharine Zakarian, who has resigned from the Board of Assessors, thanking her for her years of service.

Unanimous Vote.

 

Mr. Healey said he has asked Ms. Zakarian to contact Town Counsel and advise how the position will be filled.

 

v     Mr. Healey will research property on Plympton Street that is being offered by Betty Mizaras to see the proximity of it with the well site.

 

Selectman Bond suggested asking Town Counsel how much trouble it would be to go through the process of getting the land donated.

 

 

 

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

            VOTED:  To adjourn.

            Unanimous Vote.

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN