SELECTMEN’S MEETING

JUNE 19, 2006

 

 

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

 

Selectman Bond, Selectwoman Brunelle, and Selectman Spataro were present.

Selectman Andrews was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of May 4, 2006.

Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of May 31, 2006.

            VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

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

            VOTED:  To approve the Executive Minutes of May 31, 2006.

            VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

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

            VOTED:  To approve the Minutes of June 5, 2006.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Oak Point Representatives – RE:  Tax Payments

 

Chairman Perkins read the following letter from the Board of Selectmen to Donald Smith, Saxon Real Estate Partners:

 

Dear Mr. Smith,

 

At their meeting held on Monday, May 1, 2006 the Board of Selectmen discussion ensued on the April 28th newspaper article in the Brockton Enterprise entitled “These homes taxed like cars”.

 

Mr. Healey provided past correspondence from you clarifying issues and inaccuracies in past articles.

 

The Board would like to give you the opportunity to meet with them to clarify these issues on behalf of Oak Point if you so wish.

 

If you would like to schedule a meeting, please contact the office at 508-946-2405.

 

Gary Darmon and Don Smith, Partners of Saxon Partners, were present.

 

Mr. Darmon explained how he had first come to Southeast Massachusetts in the 1960s and saw other manufactured housing communities in surrounding communities.  He purchased a piece of property in Middleboro and began the 10-year permitting process in 1982.

 

Mr. Darmon said, since 1998, 800 houses have been constructed.  The Town receives annual revenue in the form of Real Estate taxes, fees on houses, permit fees, and excise taxes.  He noted that the community does its own maintenance on roads and capital costs.

 

Mr. Darmon said it is “difficult” to read and hear discussions about changing the format that has been in place for 50 years at the State level, and 20 years at Oak Point.

 

Selectwoman Brunelle said the problem is that the issue is being promoted by other communities.  She noted it is controlled by the State and not locally mandated.

 

Mr. Healey noted that, even if there was a legislative change requiring higher excise tax payments or another type of payment, he doubted it would be retroactive to impact existing residents.

 

Selectman Bond asked if alterations to the manufactured homes are allowed, such as 4-season porches, deck, and garages.

 

Mr. Darmon said yes.

 

Chairman Perkins agreed that this is a State issue and the Board doesn’t have the authority to attempt to overrule it.  He added that this is a community that doesn’t add to the tax burden.  In addition, the units pay astronomical permit fees for water, building, and sewer which helped balance our budget.  They also have their own rubbish pick up and road maintenance.  He said the value outweighs what is construed as “not paying its fair share”.

 

Selectman Bond noted that restaurants are patronized, and there is much involvement with the Veterans in town.

 

Mr. Healey said a lot of the residences also volunteer services.

 

Ted Eayrs, an Assessor, clarified that there are two (2) statutes governing these homes.  He said manufactured homes are exempt from real estate taxes, including any additions to their homes.  He said the excise tax is set by State statute at $12/month, or $144/year.

 

Selectman Bond noted that the excise tax can be as low as $6/month.

 

Jerry Ellis, a resident of Oak Point, noted that $78,000 has been given in scholarships over the last 9 years.

 

Meeting with Washburn Mill Study Committee – RE:  Issuance of RFP (Request for Proposals)

 

Judy Bigelow-Costa was present.  She told the Board that her Committee had met and everyone was in agreement of issuing an RFI (Request for Interest) for the Washburn Mill property.  She said Anna Nalevanko, Director of the OECD, is working on drafting the RFI for review and comment.  She asked when the Board would like this.

 

Chairman Perkins said as soon as possible.  He said he would like to review it prior to issuance, as well as Town Counsel and the Town Manager.

 

Ms. Bigelow-Costa asked if there was anything in particular that the Board wanted in the RFI.

 

Selectman Spataro suggested is should include limiting uses to those “consistent with zoning use”.

 

Selectman Bond asked what the scope of distribution would be.

 

Ms. Bigelow-Costa said no votes have been taken by her Committee, but she personally would like the opportunity to network it.

 

Ms. Nalevanko said that she has a mailing list of developers in the areas.  She will specifically target developers that focus business on rehabbing and new construction.

 

Discussion ensued on whether or not the RFI would be issued solely with the concept of preserving the Freight House building.

 

Chairman Perkins said he didn’t want to eliminate anything.  He noted that there is a bylaw that will require it to go before the Historical Commission.

 

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

VOTED:  To issue an RFI for the Washburn Mill property allowing for proposals with or without the freight house building.

Unanimous Vote.

 

Jane Lopes asked why an RFI would be issued as opposed to an RFP.

 

Ms. Nalevanko said it is a 2-step process.  It uses the opportunity to get ideas from developers and helps to put together a tighter RFP.

 

Order of Conditions – Off Atwood Ave. – Tispaquin Realty Corp.

 

James Shores, GAF Engineering, and Joe Arruda were present.

 

The Board reviewed the ‘draft’ Order of Conditions for the above-referenced project.

 

Kathy Ryan, Rocky Meadow Street, told the Board that she had been frustrated at the previous meeting 3 weeks ago.  She said the next day Mr. Arruda arranged to meet with the abutters and work out a new travel sequence.  She said Mr. Arruda was willing to try something new.  She said as a result the traffic was cut in half. 

 

Doug Ryan, Rocky Meadow Street, said Mr. Arruda is a “good neighbor”, but expressed concern about possible future owners.

 

Chairman Perkins noted that any change would require a hearing before the Board and notification to abutters.

 

Selectman Spataro also noted that the Board has the authority to revoke a permit.

 

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

VOTED:  To approve the Order of Conditions for Earth Removal Permit #06-4 as amended.

            Vote 3 – 0 – 1 (Selectman Bond abstained)

 

NEW BUSINESS

 

Request to Supply Water – Falconeiri Construction Inc.

 

Chairman Perkins read a letter from Dominic Falconeiri stating that he had previously received approval to supply water for a 30 unit condominium project on Taunton Street and an adjacent pre-school known as The Little Red School House.  Mr. Falconeiri proposes to grant an easement across the condominium parcel to allow for the school to connect to water. 

 

Mr. Falconeiri is requesting permission to supply water to ‘The Little Red School House’ according to a plan that was submitted to the Board.  The Water Superintendent supports the request.

 

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

VOTED:  To authorize Falconeiri Construction Inc. to supply water to ‘The Little Red School House’ according to the submitted plan.

            Unanimous Vote.

 

Request to Approve Signage on Peirce Street – Police Chief

 

Chairman Perkins read a letter from the Police Chief with suggested signage changes on Peirce Street and Benton Street.

 

Selectwoman Brunelle noted that it has become an issue because of the new granite curbing.

 

Chief Russell suggested that Peirce Street be posted No Parking No Standing on the West side of the street and No Parking on the east side of the street.

 

Selectman Spataro asked about making the street a ‘one way’ street like Reland Street.

 

Chairman Perkins said the Board could send a request back to the Chief for his and the Safety Officer’s recommendation.

 

Selectman Bond asked which way traffic would flow.

 

Mr. Healey said that the Fire Chief had asked that, if necessary, the one way would go from Main Street to Oak Street for purposes of getting emergency vehicles to that part of town.

 

Selectman Bond was concerned with the flow of traffic in regards to the proposed ‘Dunkin’ Donuts’.

 

Mr. Healey noted that that project has not yet been permitted.  He noted that the Historical Commission would meet with the applicants tomorrow night.

 

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

VOTED:  To ask the Police Chief, along with the Safety Officer, to provide comments on the alternative solution of making Peirce Street a one way street, as opposed to not allowing parking on both sides, and to ask for a preference for the direction of a one way street in regards to the ‘Dunkin’ Donuts’ being proposed for the corner of Peirce Street.

            VOTE 3 – 0 – 1 (Selectman Spataro abstained)

 

Jerry Vacey, 33 Peirce Street, said it would be a hardship not to allow parking on either side of Peirce Street.  He also was concerned that the abutters had not received any notification in regards to the Dunkin’ Donuts project.

 

Jane Lopes encouraged everyone to attend the Historical Commission’s meeting tomorrow night.  She said there is little control because of the zoning at the time the Form A was filed.

 

Chairman Perkins maintained that this was a public safety issue created by the volume of traffic.  He said that should have some mitigating effect as to what can or can’t be allowed.

 

Request to Provide Information – Baron & Budd

 

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

VOTED:  To identify the Town Manager as the Town’s liaison or “keeper of the records”.

            Unanimous Vote.

 

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

VOTED:  To send a copy of the correspondence from Baron & Budd to Town Counsel.

            Unanimous Vote.

 

Request to Discharge Committee – Chairman, Waste Management Advisory Committee

 

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

            VOTED:  To discharge the WMAC and send a letter of thanks to each member.

            Unanimous Vote.

 

Request to Ratify Appointment to Conservation Commission – Town Manager

 

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

VOTED:  To ratify the appointment of Michael O’Shaughnessy to the Conservation Commission.

            Unanimous Vote.

 

Request to Amend Vehicle Use Policy – Town Manager

 

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

VOTED:  To amend the Vehicle Use Policy to include the ‘Town Manager’ as an exception governed by an individual agreement.

            Unanimous Vote.

 

Request to Approve Letter to Lakeville Board of Selectmen

 

The Board reviewed the following draft letter to the Lakeville Board of Selectmen:

 

Dear Members,

 

Inasmuch as this Board has been somewhat preoccupied with the budget and the current fiscal crisis, our subcommittee preparing the draft IMA has not had the appropriate amount of time to complete its task.  The subcommittee and the Board are certainly in favor of drafting and entering an IMA with Lakeville; however, in light of certain new information relayed to the Board through your counsel, it appears that the Lakeville Board of Selectmen may not be as anxious to enter into such an agreement on mutually agreeable terms.

 

Specifically, the Middleborough Board of Selectmen has been informed that Lakeville has presented the following ultimatum to Middleborough:

1.                  The water rates for Lakeville customers must be the same as charged to Middleborough customers in Middleborough;

2.                  Lakeville properties currently served by Middleborough would be served notwithstanding any change in the uses, water consumption and/or ownership of such properties.

3.                  Should the Middleborough Board of Selectmen find any of these demands by Lakeville to be unacceptable, then Lakeville desires that Middleborough cease serving any properties in Lakeville.

 

As you are aware, the Board has determined that such conditions are not in the best interests of Middleborough and its citizens, and that absent some compelling rationale (which your Board has not yet presented, nor attempted to present in any civil manner) the Board cannot flatly accept your unilaterally imposed conditions. 

 

If you desire that Middleborough cease serving current customers, please indicate that desire by an official vote of your Board.  We will be happy to comply with your desire; although we do so with a full reservation of all legal rights and remedies appropriate in these circumstances.

If it is your desire to have the subcommittee continue to expend time and resources to complete a draft IMA, please indicate that by a vote of your Board (which also should indicate that the ultimatum previously issued is withdrawn, so as not to waste the time of the subcommittee)

 

Sincerely,

 

Wayne C. Perkins, Chairman

BOARD OF SELECTMEN

 

Selectman Spataro asked if Lakeville was prepared to have the water service shut off.

 

Mr. Healey said this would not be easy, noting that Lakeville will have to build new mains and cross a brand new paved road, driving under, to create services for customers on the other side.  There is no main on Bridge Street so arrangements will have to be made to install one.  Before Middleboro can discontinue our service, Lakeville would have to provide for a connection for them.

 

Selectman Spataro questioned if Lakeville understood this.

 

Mr. Healey said they understood very well.

 

Selectman Bond said it’s a “posture”. 

 

Chairman Perkins noted that letters from Lakeville have indicated that, because the State paid for the system, Lakeville has rights.

 

Mr. Healey said it is clear in the grant document that they don’t.

 

Mr. Healey said there was a 3-party agreement between the State, Middleboro, and Lakeville.  Lakeville’s main will be Lakeville’s, and Middleboro’s main on Bridge Street will be Middleboro’s.

 

Selectman Spataro suggested the Board’s position should be noted.

 

Mr. Healey noted that Town Counsel has corresponded in regards to this.

 

Selectman Bond said the letter is indicating that Middleboro won’t comply if they don’t build the infrastructure.

 

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

VOTED:  To approve and send the letter to the Lakeville Board of Selectmen and include a copy of the grant document.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Whalen

 

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

VOTED:  To approve the request of Maureen Whalen to rent the Town Hall auditorium on Saturday, July 8, 2006 from 6PM to 10PM for a family party.

            Unanimous Vote.

 

Request to Approve & Sign Septic Betterment Agreement – Mott – 213 Everett Street

 

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

VOTED:  To approve and sign a Septic Betterment Agreement with Michael and Karin Mott, 213 Everett Street, for $16,450.00.

            Unanimous Vote.

 

Request for One Day Liquor License – Professional Bartending Service, Inc.

 

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

VOTED:  To approve the request of Professional Bartending Service, Inc. for a one day Liquor License for an event to be held at 214 Old Center Street on Sunday, July 16, 2006, from 11 AM to 3 PM.

            Unanimous Vote.

 

Request to Approve & Sign HOME Consortium Mutual Agreement – Director, Taunton OECD

 

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

            VOTED:  To approve and sign the HOME Consortium Mutual Agreement.

            Unanimous Vote.

 

Mr. Healey will discuss this with Anna Nalevanko.

 

Request to Approve & Sign Letters for Permanent Cable Committee – Robert Silva, Chairman

 

Chairman Perkins explained that Verizon is trying to circumvent and eliminate the franchising system of local municipalities.  He strongly urged the Board to approve the letters to the Department of Telecommunications & Energy.

 

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

            VOTED:  To sign the letters for the Permanent Cable Committee.

            Unanimous Vote.

 

A copy of a relevant article in “The Beacon” will be forwarded to the Committee.

 

Request to Establish and Use a 53A Account – Veterans’ Services Officer

 

The Board received a request from Paul Provencher to establish a 53A account for donations to the Veterans’ Department to be used for field trips.

 

Selectman Bond noted that $1100 had already been accumulated.  He questioned if that should be ‘General Fund’ monies.

 

Selectwoman Brunelle noted it was given as a gift.

 

Selectman Bond said it was not done under 53A.  He said a donation without a specific intent goes to the General Fund.

 

Chairman Perkins noted that the Auditors had suggested a 53A account be set up for this purpose.

 

Selectwoman Brunelle said it was previously “not done wrong or incorrectly” but this is the appropriate way to do it.  She said donations have always been accepted.

 

Selectman Bond argued that they had not been “designated”.

 

Selectman Bond asked if the Board cared where the monies were being kept prior to the account being set up.

 

Chairman Perkins said no.

 

Selectman Bond said he had no problem with granting this request, but would like to know where the monies were being kept before this.

 

Selectwoman Brunelle said it appeared that it was being put into a “29 account” previously.

 

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

VOTED:  To approve the request of the Veterans’ Services Officer to establish a 53A Account.

            Unanimous Vote.

 

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

VOTED:  To ask where the original $1100 was being kept prior to the 89 account being established.

            Unanimous Vote.

 

Request to Use Neon “Open” Sign in Office Window – Veterans’ Services Officer

 

Selectwoman Brunelle said she had questioned this sign.  She said she understood the rationale, but didn’t feel the sign was appropriate for the Town Office Building.

 

Chairman Perkins said it was to save disabled vets from going 3 flights up if the office was not open.  The sign would allow veterans to know if the office was open from the street.

 

Selectman Bond said a written sign could be used.

 

Selectwoman Brunelle suggested asking for an alternative.

 

Selectman Bond noted that Massachusetts Regulations require the office to be kept open during specific hours.  He said he wasn’t sure why this was an issue.

 

Selectwoman Brunelle said Mr. Provencher is not always there, noting that he is involved with hospital visits.

 

Selectman Bond asked to check into whether or not transporting veterans was part of the Service Officer’s duties.  He noted that the Veterans’ Outreach Center also provides transportation.

 

Selectwoman Brunelle said she recalled considerable discussion about a liquor store on Main Street and “obnoxious” signage.

 

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

VOTED:  To asked Veterans to call if they support the signage and to take this up at the next meeting.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street

 

Mr. Healey said the junk cars have been removed from the property.  The illegal buildings are still an issue.

 

Downtown Parking

 

Selectman Bond said he and the Town Manager would be able to proceed with this now that Town Meeting is over.

 

TOWN MANAGER’S REPORT

 

v     An Article to allow expenditure of funds from the FAM account will be put on the Special Town Meeting Warrant for the Fall.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Betterway Print in the amount of $345.00.

            Unanimous Vote.

 

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

VOTED:  To send issues of our Town Report to compete in a contest sponsored by The Beacon.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Southcoast Media Group in the amount of $4,216.00.

            Unanimous Vote.


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

VOTED:  To pay the bill submitted by Verizon in the amount of $25.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Thevenin, Lynch, Beinvenue, LLP in the amount of $300.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $10,593.00.

            Unanimous Vote.

 

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

VOTED:  To send correspondence to Melanson Heath & Company, P.C. in regards to two (2) invoices in the amounts of $20,000 and $5,000, asking for more detail of what services were done and hours completed.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $11,3793.85.

            Unanimous Vote.

 

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

VOTED:  To pay three (3) bills submitted by Middleborough G&E Department in the amounts of $478.49, $1364.80 and $176.63, totaling $2,019.92.

            Unanimous Vote.

 

Selectwoman Brunelle asked that a discussion regarding  the disposition of the Rock School be put on an agenda in August.

 

 

 

 

 

OTHER

 

Set Summer Schedule

 

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

VOTED:  To set a Summer schedule of meeting every other week beginning June 26, 2006.

            Unanimous Vote.

 

Water Restriction

 

Tom White asked the Board to correct a notice in the Middleboro Gazette regarding the water ban that the Board imposed.  He said the notice did not reflect the Board’s vote of watering on odd/even dates.  He noted there had been no restriction to hand held hoses.

 

Selectwoman Brunelle said this would be corrected.

 

Mr. Healey will send the Gazette a copy of the DPW handout.

 

CORRESPONDENCE

 

v     The Board received a petition from residents near Peirce Street regarding the proposed Dunkin’ Donuts.

 

Chairman Perkins said the Board shares their concerns, but was not sure there was a lot the Board could do.

 

Mike Butters, who wrote the letter, asked how the applicant had gotten through the permitting process without notification to abutters.

 

Chairman Perkins said there is no “permitting process” because it is an allowed use.

 

Selectman Bond suggested Mr. Butters speak to the Building Commissioner.

 

Mr. Butters said he was concerned with the additional noise and trash that will be associated with the business.

 

Chairman Perkins said, according to Town Counsel, under the new bylaw a traffic study will have to be done.

 

 

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

VOTED:  To forward a letter from Teri Page asking for an informational session for residents to the Moderator.

Unanimous Vote.

 

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

VOTED:  To forward a letter from Kathy Foye regarding the Oliver Estates to Anna Nalevanko asking for assistance to Ms. Foye in regards to possible grants or other ways of accomplishing what she suggests.

            Unanimous Vote.

 

v     Mr. Healey will follow up with Don Boucher regarding letter concerning the Morgan Property.

 

v     Mr. Healey will follow up on a complaint from a Hillcrest resident.

 

v     The Board acknowledged donations for the “College Town Project”, thanking the donors for their support.

 

v     A thank you note to the Peirce Trustees from the COA was noted.

 

v     Correspondence from the DOR regarding a Financial Management Review will be forwarded to those departments concerned.

 

v     An Electronics Recycling Event will be held at the Burkland School on Saturday, June 26th from 9AM to Noon.

 

v     A fundraiser for the Soule Homestead will be held at the Whole Foods Market in Hingham on Tuesday, June 27th.

 

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

VOTED:  To approve the request of the Police Chief to post the E911 Database Coordinator position.

Unanimous Vote.

 

 

 

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

VOTED:  To enter into Executive Session at 9:35 PM, not to return to Open Session, for the purpose of discussing potential Litigation and Labor Relations.

A poll vote was taken.  Selectman Spataro, Selectman Bond, Selectwoman Brunelle, and Chairman Perkins approved.

            VOTE 4 - 0

 

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN