SELECTMEN’S MEETING

JUNE 26, 2006

 

 

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

 

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

 

 

SELECTMEN’S MINUTES

 

Selectman Bond and Selectman Spataro made changes to the Minutes of June 19, 2006.

 

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

            VOTED:  To approve the Minutes of June 19, 2006 as amended.

VOTE 4 – 0 – 1 (Selectman Andrews abstained)

 

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

            VOTED:  To approve the Executive Minutes of June 19, 2006.

VOTE 4 – 0 – 1 (Selectman Andrews abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing (cont.) – Request for Mobile Home Park Permit – Wayne Williams

 

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

            VOTED:  To continue this hearing to July 10, 2006 at 8:00 PM.

            Unanimous Vote.

 

Meeting with Permanent Cable Committee – RE:  Issuing Authority Report

 

Bob Silva, Chairman of the Permanent Cable Committee, and Attorney Bob Treano were present.  Members of the Committee were also present.

 

Attorney Treano told the Board that the next step in cable negotiations with Verizon is to approve the Issuing Authority Report.  If the Board approves, copies will be sent to the DTE and to the applicant, Verizon.  The report concerns cable TV only.

 

Attorney Treano said the applicant will be required to provide services to 100% of residents in Middleborough within 12 months of the execution of the Final License.  Verizon would not be obligated to extend to new areas with less than ten homes per aerial mile.

 

Attorney Treano said the applicant would tie into the I-Net as opposed to developing a second one.  This provides communication among all municipal buildings.

 

Attorney Treano spoke of a current bill seeking to bypass local entities.  This would be a significant change.  He told the Board that all issues will eventually get negotiated.

 

Attorney Treano said Verizon has chosen to apply to 27 communities north of Boston, and local access channels has not been mentioned.  Rhode Island has waived the requirement of a fixed studio, allowing portable equipment.  He said he expected this would also be attempted in Massachusetts.

 

Presently 1% of the gross revenues ($56,123.64) goes to an education grant.  This would not be sufficient for peg access that is currently provided by Comcast.  Significant more dollars would be needed.

 

Attorney Treano said he is asking for the Board’s approval to send a letter setting July 28th as the deadline to respond.

 

Chairman Perkins said he was glad to see the process moving.  He noted that the service provided by Verizon has to be equitable to Comcast. 

 

Attorney Treano said an equivalent monetary value can be provided.  He noted that Verizon has lobbied extensively not to have to deal with individual communities.

 

Selectwoman Brunelle suggested letters should be sent to the Federal level.  She asked if pending legislation in Washington would affect this contract and negate things that are negotiated.

 

Attorney Treano said he didn’t know.  He said he was surprised that there haven’t been extensive public hearings on this.

 

Selectman Spataro said a letter could suggest this.

 

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

VOTED:  To authorize the Permanent Cable Committee to work with Attorney Robert Treano in drafting letters to Congressman Barney Frank and Senators Ted Kennedy and John Kerry expressing the Board’s serious concerns relating to pending legislation in Washington regarding a community’s right to negotiate contracts with cable companies.

            Unanimous Vote.

 

Discussion ensued on how soon the letter could be drafted.

 

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

VOTED:  To authorize the Chairman to review and sign the letter on behalf of the Board.

            Unanimous Vote.

 

It was also suggested to send the letter via email.

 

Selectman Andrews asked if Verizon will be required to provide service to a house that has an existing service.

 

Attorney Treano said that would be negotiated.  He said the cost of the fiber is extensive and the applicant will propose not to provide service to those areas that are less dense.

 

Discussion ensued on listing other Boards besides the School Committee and Selectmen to possibly be televised.

 

Attorney Treano said it includes language to provide to those boards that request it.

 

Selectman Andrews asked what the termination clause would be for customers to withdraw from the service.

 

Attorney Treano said this would also be negotiated.

 

Jane Lopes noted that Verizon is also negotiating with the Town of Lakeville.

 

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

            VOTED:  To approve and send the Issuing Authority Report.

            Unanimous Vote.

 

Selectman Bond asked what protections would be put on household information.

 

Attorney Treano said this is addressed by State and Federal laws.

 

Meeting with Highway Superintendent – RE:  Use of Flowable Fill

 

Don Boucher, Superintendent of the Highway Department, was present.

 

Chairman Perkins read a letter from Mr. Boucher addressed to the Town Manager.  Mr. Boucher said he believed that any and all cross trenches in the paved surface of any Town way should be required o use removal flowable fill (CDF) in accordance with Massachusetts Highway Department specifications.  However, Mr. Boucher did not believe that CDF should be required in trenches that run parallel with the road. 

 

Mr. Boucher told the Board that the cost to use CDF is $62.00 per cubic yard as opposed to crushed gravel at approximately $13.13 per cubic yard.  He said it also takes time to make steel plates that are needed to cover the trench.

 

Mr. Boucher told the Board that 52% of the total cost of the North Main Street water project was for flowable fill.  He said the cost has “run wild” and the policy needs to be changed.

 

Mr. Boucher said the State requires flowable fill to a depth of 4’.  If it’s beyond that, it is recommended, but not required. 

 

Mr. Boucher also addressed the Board’s previous question of why flowable fill wasn’t used on Peirce Street from Main Street to Oak Street.  He said flowable fill hadn’t been used and that piece of Peirce Street was reclaimed and what was there had to be ground up.  Had flowable fill been used, it would’ve contaminated all of the material.

 

Chairman Perkins said he disagreed with Mr. Boucher.  He said the cost of CDF more than offsets what is saved in annual repairs to the roads.  He said if CDF is not used, the road sinks and breaks up.

 

Selectman Bond suggested leaving the policy as it is and building something into it regarding the cost.  There should also be a possibility of granting an exemption on a case by case basis based on the cost.

 

Selectman Bond asked Mr. Boucher if his only disagreement was with requiring CDF to be used in trenches following the roadway.

 

Mr. Boucher said in long areas.

 

Selectman Bond asked if there could be times when it should be used in those instances.

 

Mr. Boucher said possibly.

 

Selectman Bond asked how many times a trench could be tamped.

 

Mr. Boucher asked why we would care, noting the contractor is responsible to do it right.

 

Selectman Andrews said CDF is used as a “security blanket”.  He said there was no reason for it to be used if a trench is filled and compacted properly. 

 

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

VOTED:  To direct the Highway Superintendent to draft a revision of the Road Opening Permit policy including your suggestions for the use of flowable fill.

            Unanimous Vote.

 

Donald Triner suggested the problem could be fixed by mandating the use of hot mix as opposed to using cold mix.  He said this would cure 95% of the problems.

 

Mr. Boucher also noted that flowable fill can be difficult, if not impossible, to remove by shovel.

 

Selectwoman Brunelle asked if Mr. Boucher’s suggestions would be for only Town projects.

 

Mr. Boucher said it should be for everyone to be fair.

 

Mr. Boucher said he would present a draft to the Board at the end of July.

 

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

VOTED:  To enter into Executive Session at 8:50 PM to discuss Litigation and a Labor related matter, to return to Open Session to complete the Agenda.

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

            VOTE 5 – 0

 

 

-----RECONVENE-----

NEW BUSINESS

 

Request to Approve Transfer of Funds – Town Accountant

 

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

VOTED:  To approve the request of the Town Accountant to correct the deficits in the FY 06 personal services salaries of those departments identified in her letter to the Board dated June 21, 2006 as suggested.

            Unanimous Vote.

 

The FinCom will be notified of the Board’s approval.

 

Request to Approve Street Name – E911 Database Coordinator

 

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

VOTED:  To approve the name ‘Adelgill Street’ for a new street name for a cul-de-sac to be built off Chestnut Street.

            Unanimous Vote.

 

Request to Sell Bicycles – COA Director

 

Ted Lang, COA Director, said two (2) bicycles were recently donated that cannot be used.

 

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

VOTED:  To declare two (2) bicycles donated to the COA as surplus property and authorize the Executive Director to dispose of them by a sealed bid process with proceeds to go to the COA Trust Fund.

            Unanimous Vote.

 

The Board’s Secretary was asked to check with the IT Department to see about posting ‘auctions’ on the town’s website.

 

Request to Fill Position – Police Chief

 

The Board received a request from the Police Chief to allow a vacancy to be filled.

 

Selectman Spataro said he was concerned with the request because of a recent meeting held with the clerical union in regards to lay offs and reduction in hours.  He believed the request was in conflict to discussions at that meeting.

 

Chairman Perkins said this was not affected as it was a different classification.

 

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

VOTED:  To authorize the Police Chief to fill the position of Senior Clerk left

vacant by the retirement of June Abramson.

            VOTE 4 – 1 (Selectman Spataro opposed)

 

Request to Seek Proposals for Services – Town Manager Search Committee

 

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

VOTED:  To authorize the Committee to seek proposals for professional services from qualified search consultants, to review the proposals, and to determine the best-priced offer from a responsible consultant, subject to approval of the Board.

Unanimous Vote.

 

Selectwoman Brunelle noted the Selectmen would sign the contract.

 

Request for Authorization to Expend Funds – Town Manager Search Committee

 

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

VOTED:  To authorize the Town Manager Search Committee to expend the appropriated funds in the Unclassified budget line item by a majority vote, and to designate the Chairman of the Committee as authorized to sign approved invoices for payment.

            Unanimous Vote.

 

Selectwoman Brunelle noted the expenditure could not exceed the $15,000 that was appropriated at Town Meeting.

 

Request for One Day Liquor License – Veterans’ Memorial Park Trust

 

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

VOTED:  To approve the request for a One Day Liquor License for the third annual ‘Taste of Middleborough’ to be held on October 19th at the Middleborough National Guard Armory on Elm Street, from 7 PM to 9 PM.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street

 

Discussion will wait for the Town Manager’s return from vacation.

 

 

 

Downtown Parking

 

Discussion will wait for the Town Manager’s return from vacation.

 

Request to Approve Signage on Peirce Street & Benton Street – Police Chief

 

Selectman Spataro abstained from the discussion regarding Peirce Street and left the room.

 

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

VOTED:  To adopt the recommendation of the Police Chief to designate Peirce Street as a One-Way Street in a Northerly direction to the intersection of School Street, and to post Do Not Enter signs on both sides of Peirce Street at the School Street end, and to post No Parking No Standing signs on the West side of Peirce Street.

            VOTE 4 – 0 – 1 (Selectman Spataro abstained)

 

Selectman Spataro returned.

 

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

VOTED:  To adopt the recommendation of the Police Chief to post No Parking signs on the Northern side of the street.

            Unanimous Vote.

 

Selectman Bond had concerns with the enforcement of the Board’s actions.

 

Chairman Perkins said there are bicycle patrols and walking patrols this year.  He said the Chief has every intention to do the enforcement.

 

Veterans’ Office ‘Open’ Sign

 

Paul Provencher was present.  There were several veterans in the audience.

 

Ed Hurley told the Board that Mr. Provencher “does a very good job”.  He said the sign is a good idea because veterans do not have to find parking spaces and walk to his office to find he’s not there.

 

Mr. Hurley also complained about the pedestrian lights at the four-corners saying that they don’t work and people parking in handicapped spaces without a permit.

 

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

VOTED:  To request that the Police Chief be sure that handicapped spaces at the four-corners and near the Post Office are checked for violators.

            Unanimous Vote.

 

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

VOTED:  To ask the Highway Superintendent to check on the lights at the four-corners.

            Unanimous Vote.

 

Selectwoman Brunelle said she had originally brought up the subject because her personal opinion was that the neon sign was not appropriate for a town building in a historic district.  She reminded the Board that, previously, a liquor store owner in the area had been asked to have appropriate signage and minimized use of neon signs.  She said the idea is a good one, but suggested an alternative to the neon signage.

 

Selectman Bond suggested that a 2-colored sign could be used.  One color for “in” and the other for “out”.

 

Chairman Perkins said that not everyone would be aware of that.

 

Selectman Bond asked how often the veterans make a “wasted trip”.

 

Mr. Provencher said he spends a substantial amount of time on the road either making house calls or bringing veterans to doctor’s appointments.

 

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

            VOTED:  To allow the Veterans’ Services Officer to maintain the neon sign.

            VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)

 

Selectwoman Brunelle explained that this wouldn’t have become an issue if Mr. Provencher hadn’t brought it to the Board.

 

Mr. Provencher said Selectwoman Brunelle made a “casual comment” to the Town Manager who spoke to him the next day.  He said he then spoke to Chairman Perkins who had a different opinion and decided to ask the Board for a position.

 

Selectman Bond asked if Mr. Provencher has responded to the Board’s request regarding the funds that had been kept in his office.

 

Mr. Provencher said the money was kept in a fire proof file cabinet.  It was expended on behalf of the veterans or dependents in times of need.  Over the course of a year, between $600 and $1000 was expended.  The money had been raised through the sale of magnets and Paw Sox tickets. 

 

Selectman Bond asked if Mr. Provencher kept any books on how the money was spent.

 

Mr. Provencher said no.

 

Selectman Bond also asked about a waiver for volunteers in his office and whether or not the Board had approved the form that was drafted by Town Counsel.

 

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

VOTED:  To ask the Board’s Secretary to research what happened regarding the waivers.

            Unanimous Vote.

 

Selectwoman Brunelle noted that the COA uses waivers.  She suggested Mr. Provencher look at those and also consult with Town Counsel.

 

TOWN MANAGER’S REPORT

 

The Town Manager was on vacation.

 

SELECTMEN’S BILLS

 

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.

 

OTHER

 

Review Water Ban Bylaw

 

Chairman Perkins explained that a letter from a citizen had prompted him to contact Richard Johnson, Amory Engineers, in regards to the necessity of the current water restrictions.  He said Mr. Johnson cannot come up with anyone at DEP to confirm that the season/off season ratio that was being considered by DEP is no longer being considered.

 

Tom White noted the notice in the Gazette included restricted hours for watering.  He said the Board had not included this in its vote.

 

Chairman Perkins said that the Water Superintendent had supplied him with a copy of the annual Water Quality Report that is sent to residents.  It does not include hours.

 

Chairman Perkins said he was concerned with notes that were provided by Mr. Johnson and suggested a follow-up discussion on July 10th.

 

Selectwoman Brunelle said residents should also be aware that if situations require further restrictions, including hours, the Board could vote this.

 

CORRESPONDENCE

 

v     Correspondence was received from Town Counsel in regards to the Board’s questions on vendors who set up carts to sell flowers on holidays.

 

The Board cannot prohibit this under the statutes.  It can be regulated through a license or permit, requiring written authorization from the owner of the property.

 

Selectman Bond asked the Board’s Secretary to contact other Towns for copies of bylaws pertaining to this.

 

Chairman Perkins cautioned that there are a number of groups, including Boy Scouts, Girl Scouts, baseball teams and soccer teams that often sell flowers. 

 

Selectman Bond suggested that charitable organizations should be kept in mind when drafting a bylaw.

 

v     The Board announced ‘Middleborough Music Nights’ that will be held on Thursday evenings on the Town Hall front lawn, and credited Jeanne Spalding for her work in organizing this.

 

v     Selectman Bond had questions regarding the wage portion of a job posting for the Police Department.  Attorney Peloquin will be consulted.

 

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

VOTED:  To add the Board of Selectmen to an article for the Fall Town Meeting regarding Chapter 79 of Acts of 2006.

            Unanimous Vote.

 

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

VOTED:  To ask the Board’s Secretary to contact the Town Manager when he returns from vacation to look into ‘Price Adjustment Provisions’.

Unanimous Vote.

 

v     Chairman Perkins told the Board that he had received an email from Danielle Bowker regarding the question of an Override.

 

It was the consensus of the Board to schedule a discussion at the July 10th meeting.

 

 

 

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

            VOTED:  To adjourn at 10:17 PM.

            Unanimous Vote.

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN