SELECTMEN’S MEETING

MARCH 11, 2002

 

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

Selectman Rogers and Selectwoman Brunelle were present. Selectman Eayrs entered at 7:04 PM. Selectman Wiksten was not present.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of March 4, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENCES

Meeting with Kristen & Michael McGourthy – RE: Follow the Rainbow for a Cure"

Kristen McGourthy was present. She told the Board this request is for the 2nd annual "Follow the Rainbow for a Cure" fundraiser. She told the Board that she has spoken to the Police Chief, who has no objections to the request.

Upon motion by Chairman Perkins and seconded by Selectman Rogers, the Board

VOTED: To approve the request made by Kristen & Michael McGourthy to hold the 2nd Annual "Follow the Rainbow for a Cure" fundraiser at Camp Yomechas on Saturday, August 17, 2002, beginning at 9:00 AM.

Unanimous Vote.

Meeting with Conservation Commission – RE: Wetlands Protection Bylaw

Selectman Rogers told the Board that the Conservation Commission has requested that this meeting be cancelled. Several questions have arisen at meetings that have been held. These have been sent to Dan Murray for clarification.

Meeting with Attorney Robert Mather – RE: Request for Release of Bond – Woods Pond Cranberry

Attorney Robert Mather was present to follow-up a meeting that was held several months ago. The request is being made to return a bond which was held for an Earth Removal Permit issued to Woods Pond Cranberry Company for a project on Chestnut and Thomas Streets. Because of the economy, the Permit Holder no longer wishes to construct bogs. Prior to receiving this Permit, the site was already an existing earth removal sand pit. The question was whether or not the holder should be required to reseed.

The site has been reviewed by Board members, and the owner agreed to do some more work. Attorney Mather told the Board that the site is now completely leveled off, there are no trenches and the sides are sloped. The property is now in the condition appropriate for release.

Attorney Murray noted that the usual document, a "Certificate of Compliance" would not be appropriate since the project was not completed according to the submitted plans. He suggested a "Certificate of Termination".

Selectman Eayrs did not like the term "Termination". A "Certificate of Release" was thought to be a better term.

Mr. Healey told the Board that Selectman Wiksten has viewed the property and is satisfied with the work that has been done.

Resident Steven Marzelli had concerns with the State law regarding clearcutting. Attorney Mather said that no more than three (3) acres of trees have been cut, noting that State regulations address more than 10 acres.

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

VOTED: To issue a "Certificate of Release" to Woods Pond Cranberry Company, and return the $25,000 bond that was posted as surety.

Unanimous Vote.

The Release will be prepared by Attorney Mather and submitted for the Board’s approval.

NEW BUSINESS

Request for Permission to Discharge Firearms – Colonial Retriever Field Trial Club

The Board received a request from Duncan Christie, Colonial Retriever Field Trial Club, to discharge firearms. This is an annual request.

The Board also received correspondence from the Police Chief who had no objection to this.

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

VOTED: To grant permission to the Colonial Retriever Field Trial Club to discharge firearms on Sunday, May 5, 2002 on land owned by Cumberland Farms.

Unanimous Vote.

Request to Purchase Land – Division of Fisheries & Wildlife

Mr. Healey told the Board that this was a request for 22 acres which would require Town Meeting action on the Special Town Meeting. The Division of Fisheries & Wildlife is offering $15,000 for the property.

Several questions arose. Mr. Healey will get more information for the Board and this item will be placed on the agenda.

Approve & Sign SEMASS Contract

Mr. Healey told the Board that application had been made for grant funds under the Electricity Deregulation Act. Funds have been secured to offset the cost of emission controls of waste energy plants. The Board is being asked to amend the SEMASS Contract, to sign over the grant check to SEMASS, who then reduces the Town’s tipping fee over a period of years. The back grant funds are paid with interest.

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

VOTED: To approve and sign the SEMASS Contract amendment agreement.

Unanimous Vote.

Chairman Perkins said that this is a good deal for the Town, noting that the interest is almost 2x the principal.

OLD BUSINESS

Approve Order of Conditions – Samuel Pike – Short Street

The Board reviewed the Conditions that had been drafted last week. One amendment was made.

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

VOTED: To approve the Orders of Condition of Earth Removal Permit #02-1, in the name of Samuel Pike, with the amendment of condition #8 to add "The plans, entitled, "Cut & Fill Plan in Middleboro, Massachusetts", dated January 14, 2002 and the Farm Plans prepared by the National Conservation Resource Services, are incorporated herein by reference and is part of this permit, and must be adhered to strictly.

Unanimous Vote.

TOWN MANAGER’S REPORT

Selectwoman Brunelle suggested the auctions be videotaped.

The Board received a request from Darlene Anastas asking that the submittal date for proposals be extended to April 12th. The request is being made on behalf of all potential applicants, and is "based upon our inability to meet a conventional standard of thorough due diligence because of circumstances beyond our control."

Selectwoman Brunelle asked Mr. Healey to check with the Inspector General’s Office to be sure it can be extended, and whether or not it would have to be readvertised.

Mr. Healey said it can be extended, all parties need to be notified.

Mr. Healey told the Board that an old, empty oil tank had been found on the property which will need to be removed. The Town will have an obligation to do this. Also, flakes of lead paint were found in the building. There has been no exposure to children in respect to use of the building. However, if children under the age of 6 would have use of the building, it would have to be removed. Also, aespestos has been found in the basement, and this will need to be encapsulated.

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

VOTED: To extend the submittal date for Proposals for the Guidoboni/Soule Farm to Friday, April 12, 2002.

Unanimous Vote.

Selectwoman Brunelle asked Mr. Healey to check to see if it would need to be readvertised in the Central Register.

Selectman Eayrs asked if the Town had disclosed that there is lead on the property. Mr. Healey said that all three (3) applicants were present.

Mr. Healey updated the Board on meetings of the Housing Subcommittee. To summarize the high points of what we are considering as major elements of the Housing Plan, the following has been suggested:

    1. High Density 40B projects, emphasizing apartments (100% counts) are "preferred" to be located in areas with Town Services where zoning and land use already reflects high density.
    2. Inclusionary Zoning in Residential Rural (RR) zones requiring ten percent (10%) "affordable" units will be granted a bonus lot on lots.
    3. Accessory Apartments permitted in Single Family Homes if restricted to income eligible people (affordable). Amnesty period for existing "illegal" units.
    4. Estate Lots (4 – 10 acres) with lesser requirements for roads, frontage, etc.
    5. Removing impediments such as the requirement to perc conventional development prior to submitting a cluster project for consideration, and, eliminating the limit of twelve (12) lots on a dead-end street.
    6. Creating a Non-Profit Housing Corporation

 

Mr. Healey said he would contact EMS members to see if they would be willing to participate in this. It was noted that some members may not be back from Florida until April.

Selectman Eayrs noted that Taunton and Plymouth may not be committed to long-term AMR service. This could put our contract in jeopardy. Mr. Healey said he would inquire about this.

Mr. Healey asked the Board about filing for a basic license. He suggested this would be a good negotiating tool with AMR.

Chairman Perkins said this would be revisited after negotiations are done with AMR. He noted that the Board has not received reports from the Financial Officers, or the Fire Chief.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by SEMASS Partnership for February 2002 in the amount of $9,176.97.

Unanimous Vote.

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

VOTED: To pay three bills submitted by the Middleborough Gas & Electric Department in the amounts of $483.87, $173.01 and $47.67, totaling $704.55.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. for February 2002 in the amount of $7,467.50.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Hathaway Publishing in the amount of $194.26.

Unanimous Vote.

OTHER

Discussion ensued on what year the school was actually there. Selectman Eayrs felt this was 1903.

Jane Lopes told the Board that the Historical Commission has been working on the assumption that the 1903 building was not the original.

Chairman Perkins asked that this be put on next week’s agenda.

CORRESPONDENCE

There was no discussion of Correspondence.

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

VOTED: To enter into Executive Session for the purpose of discussing contract negotiations at 8:15, not to return to Open Session.

A poll vote was taken. Selectman Rogers, Selectwoman Brunelle, Selectman Eayrs and Chairman Perkins approved.

VOTE 4 - 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN