SELECTMEN’S MEETING

JUNE 27, 2005

 

 

Chairman Perkins called the meeting to order at 7:10 PM.

 

Selectman Bond and Selectman Andrews were present.

Selectman Wiksten entered the meeting at 7:15 PM.

Selectwoman Brunelle was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of June 13, 2005:

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of June 13, 2005:

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of June 14, 2005:

            VOTE 3 – 0 – 1 (Selectman Bond abstained on the first item)

 

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

            VOTED:  To approve the Minutes of June 16, 2005:

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of June 16, 2005:

            Unanimous Vote.

 

 

HEARINGS, MEETINGS & LICENSES

 

Emergency Water Ban

 

Chairman Perkins informed the Board that, because of the heat, there is now a water problem.

 

Richard Tinkham, Water Superintendent, was present.  He said the 500,000 gallon tank is at a “0” level, and the standpipe, which is 173 tall, is at 76’, more than halfway down.  As a result, system pressures are lowered.  He suggested a water ban is necessary to prevent problems with firefighting capability or bacterial problems.

 

Chairman Perkins asked how often the water is tested for bacteria.

 

Mr. Tinkham said every two (2) weeks.

 

Selectman Wiksten asked why there would be a problem now.  He noted previous problems were due to work being done on the tank.

 

Mr. Tinkham said that, because of the amount of residential development, there has been a tremendous increase in outside usage.

 

Selectman Wiksten asked why the Board was being advised that it’s okay to sell water to neighbors out of town.

 

Mr. Tinkham said that is a decision that is made by the Board.

 

Selectman Wiksten said the decision is made on the recommendation of Department Heads based on the availability of water.  He said in the future he would “think long and hard before supplying water outside of town when we can’t supply to our own residents”.

 

Chairman Perkins said the Board has been led to believe we are sitting on a major aquifer.  He asked if the problem was not being able to get it out of the ground fast enough.

 

Mr. Tinkham said more sources need to get on line as soon as possible.  He said the pumping system is being taxed to the maximum.  He said they cannot run around the clock or it would delete the aquifer in each of the wells.

 

Selectman Andrews said the extreme heat is causing the current crisis because the water is being depleted faster than the pumps can fill it back up.  To help alleviate the problem, more restraint is going to be needed in the usage of water.

 

Mr. Tinkham said there could be diminished firefighting capacity if the depletion continues.

 

Chairman Perkins asked how residents would be notified of a water ban.

 

Mr. Tinkham said by newspaper, cable TV, the Town’s website, and on water bills as they are sent out.

 

Chairman Perkins said the Water Use Restriction Bylaw gives the Board the right to impose fines.  He said he was not in favor of imposing these without knowing that someone was notified.

 

Mr. Tinkham said notices would be sent out immediately.  He said violators would have to be looked at on a case-to-case basis.

 

Selectman Wiksten asked how out-of-town users would be dealt with.

 

Mr. Tinkham said they would be notified in the same way, and fines would be issued through their community.  He said the Water Department personnel would be used as part of the policing.

 

Selectman Andrews said he would like weekly updates on the tank levels.

 

Chairman Perkins suggested, for the first week, daily reports be given to the Board’s Secretary who will get the info to members.

 

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

VOTED:  To declare a state of water supply conservation pursuant to the bylaw, and to issue notice to water department customers, effective 1 day following the notice, through newspapers, cable TV, water bills, and any other method, to provide a copy of the notice to the DEP pursuant to the bylaw.

            Unanimous Vote.

 

Chairman Perkins stressed that the water ban was being issued for two (2) reasons:  To maintain enough water for the Fire Department and to eliminate the possibility of a health hazard due to increased bacteria.

 

Jane Lopes asked what is normally pumped daily.

 

Mr. Tinkham said 2.5 – 2.6 million gallons was pumped today, which is the average.  He said the constant water demand is causing the depletion.

 

Selectman Wiksten asked if the Shaw’s in Carver is online yet.

 

Mr. Tinkham said it is tied in, and activated, but not being used yet.  He said he will be meeting with the Project Manager and Plumber to go through all municipal buildings in Middleboro to study water saving devices.

 

Selectman Wiksten said the hookup for Shaws should not have been completed until the water saving devices were in place.

 

Hearing – Request for WRPD Special Permit – PEK, LLC – East Grove Street

 

Chairman Perkins read the following:  The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, June 27, 2005 at 7:05 PM, for the purpose of discussing an application filed by Edward A. Barbato, PEK, LLC, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 6,000 s.f. office building with storage garage underneath to be the main office of Barbato Construction, Co., Inc.  The property is located on East Grove Street, shown as Assessors Map 065, Lot 6427, zoned General Use, W.R.P.D. “Z4”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Kevin Walker, K & J Engineering, was present to represent the applicant, Ed Barbato, who was also present..  He returned the green cards.

 

Mr. Walker said the proposal is for a 6,000 s.f. building with a garage underneath where construction equipment vehicles will be parked.  He said the access will be from the rear of the property on Rte. 28.  There will be floor drains leading to a tight tank, which will be alarmed.

 

There were a couple questions on items on the “checklist”.  Mr. Walker clarified for the Board.  He said a professional land surveyor was not needed because the request is triggered strictly for the use.

 

Selectman Wiksten noted that no responses were returned from the Health Department, Planning Department, or Conservation Commission. 

 

Chairman Perkins said the Building Department’s response was only that the floor drains be constructed to comply with Massachusetts State Plumbing Code 248CMR Section 2.09.

 

Chairman Perkins asked how many vehicles would be parked.

 

Mr. Barbato said 3 small dump trucks, 2 bobcats, and a small excavator.  He said some personal vehicles may also be parked there.

 

Chairman Perkins said his biggest concern was loss of contaminants because of the close proximity to Fall Brook.

 

Jeanne Spalding asked if any vehicles would be serviced on site, and if any products would be kept.  If there is to be maintenance on site, she suggested a handwash station be put in place.  She also questioned who would be in charge of watching the floor drains for negligence.  She said, under DEP permitting, they’re supposed to be in charge, but they have been negligent in monitoring the programs that are already in place.  She said now they’re back to holding tanks which need hazardous waste haulers and maintenance contracts. 

 

Mr. Walker said there will be no maintenance on site.  He said the process of the tight tank through DEP hasn’t begun yet.

 

Chairman Perkins said a policy, or regulation, needs to be developed that states what the rules are and who has the responsibility to monitor tight tanks.

 

Ms. Spalding said there has been discussion between herself, the Plumbing Inspector, and the Fire Department.

Chairman Perkins said this should be done as soon as possible.

 

Ms. Spalding asked if vehicles would be washed on site.

 

Mr. Barbato said no.

 

Ms. Spalding asked if spill containment systems would be available.

 

Mr. Barbato said the vehicles would be parked inside, which would contain the floor drains and tight tank.  There would be “clean up material” kept on site.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of Edward A. Barbato, PEK, LLC, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 6,000 s.f. office building with storage garage underneath to be the main office of Barbato Construction, Co., Inc., for property located on East Grove Street, shown as Assessors Map 065, Lot 6427, zoned General Use, W.R.P.D. “Z4”, subject to no on site maintenance of vehicles and no hazardous products kept on site.  The Board further found that the project:

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

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

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

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

Unanimous Vote.

 

Selectman Wiksten suggested that the Board stop “taking time to notify departments” as they don’t respond.  He said they were given three (3) weeks to comment.

 

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

VOTED:  To authorize the Chairman to assign the Town Manager to speak to departments regarding responding to requests for comments on WRPD applications.

            Unanimous Vote.

 

Hearing – Request for Transfer of Liquor License – Tiki Buddha, Inc. -  10 Merchant’s Way

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, June 27, 2005, at 7:30 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing the request made by Tiki Buddha, Inc. d/b/a Tiki Buddha Restaurant, for the transfer of an Annual All Alcoholic Restaurant License for property located at 10 Merchant’s Way, Unit 1, Assessors Map 058 Lot 5347, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Peter Lim, Attorney representing the applicant, was present.  He said Peter Wan Bun Wong, the applicant and proposed manager, was also present.

 

Attorney Lim said the applicant intends to have a more traditional Chinese restaurant instead of the buffet style.  There will be minor renovations, such as painting.  The hours of operation will remain the same.

 

Attorney Lim said Mr. Wong has been in the restaurant business for over 20 years, and is certified.

 

A request for an entertainment license will be made in the future.

 

Chairman Perkins asked when the transfer would occur.

 

Attorney Lim said upon approval from ABCC.

 

Chairman Perkins noted a letter from the Police Chief informing the Board that there is nothing in Mr. Wong’s background that would prevent him from being named manager.

 

Chairman Perkins noted a disciplinary hearing for China Buffet that was held with the ABCC.  He asked what the disposition of that was.

 

Attorney Lim said they should be notified in 10 days.

 

Jeanne Spalding noted that the Health Department has not received applications from the applicant for food permits.

 

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 request made by Tiki Buddha, Inc. d/b/a Tiki Buddha Restaurant, for the transfer of an Annual All Alcoholic Restaurant License for property located at 10 Merchant’s Way, Unit 1, Assessors Map 058 Lot 5347,.

            Unanimous Vote.

 

Hearing – Request for Title V Variance – 232 Old Centre Street

 

Kevin Walker, K & J Engineering, was present.

 

On November 1, 2004 the Board had approved a Title V Variance request for this property.

 

Chairman Perkins read a letter from Mr. Walker stating that, since the approval, it had come to his attention that there was a well in the rear yard of 230 Old Centre Street.  The well has been located and is now shown on plans.  Because the separation between the leaching field and the well is 60’, a local upgrade approval must be given.  Mr. Walker said he did not anticipate any adverse effects.

 

Chairman Perkins asked what would happen if the Board did not approve the request.

 

Mr. Walker said there is no where else for the system to go.

 

Toni Card, the abutter, was present.  She noted that she had only received notice today regarding the meeting.  She said she would “take the word” of the Health Department that the septic system is safe.  However, she said she is having a major problem with runoff because of the raised system.  She said a “gully” has been formed from the front of the road into the front of her property.  She presented pictures to the Board.

 

Selectman Andrews said he viewed the property today and Ms. Card “deserves to be a lot more angry”.  He said, because of the slope of the construction, the water will be running off the hill at an accelerated rate.

 

Mr. Walker said he has an Order of Conditions from the ConCom.  He explained that the house was designed to be 10’ – 12’ to the right, which would be further away from the abutter’s property.  He said his “best guess” was that whoever poured the foundation pulled the fence of erroneously thinking it was on the property line.  He said the initial design had a shallower slope, and maintained a buffer.  When the house got “pushed over” a steeper slope resulted.  He said he has spoken to the contractor and the owner.  He said if he had been asked to stake it out he would’ve.  He said he has tried to help as much as he can, but he did not know what more he could do.

 

Selectman Bond asked if he had a suggested solution.

 

Mr. Walker said the yard should be cleaned up, fill brought back onto the property, and construction of a small retaining wall to hold any run off.  He said a channel could be maintained on the back of the property, as was originally shown, to eliminate a retaining wall.

 

Selectman Bond said that the damages that are resulting should be an “incentive to do something about it”.

 

Mr. Walker said the house conforms to zoning, but is now closer to the property line from where it was originally designed. 

 

Selectman Wiksten said one solution would be the construction of a retaining wall off the property line with a collection system for the drainage off the roof.  He asked who the owner and builder are.

 

Mr. Walker said Mike Nunes is the owner.  He did not know who the contractor was.

 

Chairman Perkins said he would not vote to approve any change on plan until a mitigation plan was submitted by the owner to bring the abutter’s property to some degree of reasonableness. 

 

Selectman Andrews also noted the concern for fertilizers washing down towards the abutter’s well.

 

Ms. Spalding said the abutter has been patient.  She said it is the responsibility of the engineer, contractor, and homeowner to come up with a resolution.  She said they have known this was a problem for 4 months.  She also suggested a well test be done as soon as possible.

 

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

VOTED:  To continue the hearing to July 11, 2005 at 6:30 PM at the Middleboro High School, with a mitigation plan and water samples from the well to be submitted to the Health Department prior to the hearing.

            Unanimous Vote.

 

Chairman Perkins also noted outstanding taxes that are due on the property.

 

Hearing – Request for Title V Variance – 51 Smith Street

 

Chairman Perkins opened the hearing.

 

Ms. Spalding said she had given emergency approval to substitute a sieve analysis because the system had been backing up.  She said the Title V System was approved prior to the owner purchasing the property 6 months ago.  A report has gone to DEP for an investigation.

 

The system will be moved from the front of the house to the rear because there is more area.

 

Hearing no further comments, the hearing was closed.

 

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

VOTED:  To approve the request for a Title V Variance for property located at 51 Smith Street, Middleboro, MA as follows:

State Variance Request:

1.   Substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing per 310CMR Section 15.104.

Local Upgrade Request:

1.   Reduction of the setback of the leach field from the existing bulkhead from 20’ to 16’ per 310CMR Section 15.405(1)(b).

            Unanimous Vote.

 

Request for Title V Variance – 44 Vernon Street

 

Chairman Perkins opened the hearing.

 

Ms. Spalding said this is also a standard request for a sieve analysis to upgrade an existing system.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request for a Title V Variance for property located at 44 Vernon Street, Middleboro, MA as follows:

State Variance Request:

1.      Substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing per 310CMR Section 15.104.

Unanimous Vote.

 

NEW BUSINESS

 

Request to Accept Peirce Trustees Donation – Sealer of Weights & Measures

 

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

VOTED:  To accept a $2,000 donation from the Peirce Trustees to purchase weights for the Sealer of Weights & Measures, and to send a letter of thanks.

            Unanimous Vote.

 

Request to use Town Hall Front Lawn – Central Baptist Church

 

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

VOTED:  To approve the request of Central Baptist Church to use the Town Hall front lawn for activities as part of Vacation Bible School during the week of July 11 through July 15.

Unanimous Vote.

 

The Board’s Secretary was asked to remind the applicant that no stakes or anything else should be put into the ground, as it may damage the sprinkler system

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

There was no discussion of the “Town Manager’s Report” as Mr. Healey was on vacation.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Southcoast Media Group in the amount of $2,997.94.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by W.B Mason Company, Inc. in the amounts of $492.72 and $39.69, totaling $532.41.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $11,263.53.

            Unanimous Vote.

 

OTHER

 

Discussion – FY’06 Budget – Layoff Impacts

 

Chairman Perkins announced that the Board would be entering into Executive Session tonight to approve or amend agreements with Labor Unions.

 

Trash/Recycling Fees

 

Discussion ensued on the trash/recycling fee that was implemented by the Board on June 13, 2005. 

 

Selectman Andrews said he wanted to revisit this by February.  He suggested the Board begin to investigate a “pay as you throw method”.  He suggested the Board’s Secretary begin canvassing surrounding towns for their policies.

 

Chairman Perkins agreed saying he had spoken to many people who feel the flat fee is unfair. 

 

Selectman Bond noted that he had obtained an existing bylaw from a surrounding town.  With a few changes the policy could be modified.

 

Chairman Perkins told the Board that he had asked Sue McCusker to begin maintaining a list of those individuals opting out of the fee.  He said, as of today, this was about 80 families.  A list was also provided to the Board from Ms. McCusker with frequently asked questions regarding the fee.

 

Selectman Wiksten said he believed the Board had voted to implement the flat fee for one year, and have a bag system in place for the next.

 

Selectman Andrews said that had not been his motion.  He said the sooner the Board gets a “handle on the amount of income”, the sooner we Town’s financial position can be understood.

 

Selectman Wiksten said the flat fee was what was budgeted for next year.

 

Selectman Andrews said this did not preclude the Board from beginning the process of going to a pay as you throw system.

 

Selectman Bond said keeping the system for one (1)year would be unfair.

 

It was the consensus of the Board to put this discussion on the agenda for the July 25th meeting.

 

Town Pool

 

Selectman Bond asked who is doing the work at the Town Pool to eliminate some of the overflow on the pool deck that is stopping the opening of the pool.  The overflow is a result of work that is being done on the Nemasket Interceptor.

 

Jeanne Spalding said she understood that who’s responsible and how it will be corrected is still being debated.  She said that Mr. Healey had spoken to Don Boucher regarding some way to drain the overflow.  She said Mr. Boucher has begun working on this.  She said he had also spoken to Weston & Sampson who are going to try to pump off some of the excess water as a temporary solution until a permanent one is developed.

 

Selectman Bond was concerned that the DPW’s work could affect the warranties on the project.

 

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

VOTED:  To direct the Board’s Secretary to call Mike Scipione, W&S, for an update of what is going on.

            Unanimous Vote.

 

CORRESPONDENCE

 

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

VOTED:  To schedule a meeting with the Town Accountant to discuss the FY04/FY03 Audit Bills and the response of the Auditors.

Unanimous Vote.

 

Chairman Perkins said he would meet with the Town Account prior to the meeting to obtain more information.  Selectman Bond said he would also like to be present.

 

Jane Lopes questioned the purpose of a “private meeting” between two (2) members of the Board and the Town Accountant.  She said the public is interested in the response.

 

Selectman Bond withdrew his request to be present at the meeting.

 

Selectman Wiksten said something needs to be done before the Board’s next scheduled meeting in two (2) weeks.

 

Discussion ensued, and it was the consensus of the Board to schedule a meeting for Tuesday, July 5, 2005.

 

v     Correspondence from the Animal/Health Inspector informed the Board of residents who are maintaining horses without stable permits.

 

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

VOTED:  To send letters to the individuals listed requesting that they obtain a stable permit within 10 days.

      Unanimous Vote.

 

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

VOTED:  To support Dr. Sullivan’s request to hire a bus driver for a minivan.

Unanimous Vote.

 

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

VOTED:  To forward correspondence from the Housing Authority regarding 40B projects will be forwarded to the Planning Board and the ZBA.

Unanimous Vote.

 

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

VOTED:  To forward correspondence from Attorney Vincent Murray regarding the suggestion that Joseph Freitas recuse himself from ZBA Hearings regarding Cherry Brook Estates, to Town Counsel for his opinion.

Unanimous Vote.

 

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

VOTED:  To forward correspondence from David Cavanaugh regarding suggested elimination of School Department positions to the Superintendent and the School Committee.

Unanimous Vote.

 

 

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

VOTED:  To enter into Executive Session at 9:20 PM, to return to Open Session, to discuss Impact Bargaining.

A poll vote was taken.  Selectman Bond, Selectman Andrews, Selectman Wiksten, and Chairman Perkins approved.

            VOTE 4 – 0

 

-----RECONVENE TO OPEN SESSION-----

 

 

The Board announced that it had voted to sign Memorandum of Agreements with the Unions in regards to layoffs and concessions.

 

 

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

            VOTED:  To adjourn at 10:40 PM.

            Unanimous Vote.

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN