SELECTMEN’S MEETING

MARCH 25, 2002

Vice-Chairman Wiksten called the meeting to order at 7:02 PM.

Selectman Rogers, Selectwoman Brunelle and Selectman Eayrs were present.

Chairman Perkins entered the meeting at 7:45 PM.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of March 18, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Water Superintendent

Request from Oak Point Associates, LLC for Water Usage

Richard Tinkham, Water Superintendent, was present. He told the Board that Oak Point is asking for an increase in water. 144,000 gallons of water had previously been approved by the Board of Selectmen in 1992.

Oak Point is requesting an increase to 180,000 gallons of water per day due to an increase from 700 homes to 1,150 homes.

Mr. Tinkham said he had no problem with this request. This is all part of the expansion plan that was originally filed.

Selectman Rogers said he did not oppose this, but asked if the Water Department had plans showing the tie-ins to Plan Street. Mr. Tinkham said he did.

Selectman Rogers asked if Oak Point would be responsible for fixing the water main. Mr. Healey said they would be responsible for fixing the water main on their property.

Selectman Eayrs asked if Mr. Tinkham anticipated any problems with water bans. Mr. Tinkham said he did not expect a water ban to be implemented. He did remind people that there has been a drought advisory issued by DEP and asked for voluntary conservation. He did not rule out a voluntary restriction.

Selectman Eayrs noted that reservoirs are down significantly, and asked about the Town wells. Mr. Tinkham said that because of the depth of the wells, they are not significantly down.

Mr. Healey agreed, and noted that the Town’s largest customer, Ocean Spray, was no longer using Town water. He suggested the Board should be trying to sell water.

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

VOTED: To approve the increase to 180,000 gallons of water per day for Oak Point.

Unanimous Vote.

SEMASS Water Purchase Agreement

The Board received a letter from the Water Superintendent saying that he had met with Mark Turner of SEMASS on February 28th to discuss the anticipated need for SEMASS to supplement their on-site water supply by bulk purchasing water from the Town. This has previously been done.

Again, Mr. Tinkham said he had no problem with this request. He noted that the maximum amount they are asking for is 8,000,000 but they had only used 1,000,000 gallons last year. He said this is not an excessive amount.

Selectwoman Brunelle asked what rate would be charged. Mr. Tinkham said the metered water rate.

Selectman Rogers asked what the water is used for. Mr. Tinkham said it is used for a cooling process in the plant. Their own supply is not enough to meet a heavy demand.

Vice-Chairman Wiksten noted that there is nothing that can be done to rectify this. They are drawing as much water as allowed by the State.

Vice-Chairman Wiksten said he was concerned about a clause in the Contract that allowed the usage to stop any time. He said he hoped that we would be ahead of any emergency before that would happen. He also noted that there had been previous complaints from neighbors about the quality of their water when it was being drawn.

Mr. Tinkham said that drivers have previously opened and closed too fast. They have been shown how to do this properly.

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

VOTED: To sign the Agreement with SEMASS to allow a maximum amount of 8,000,000 (eight million) gallons of water to be purchased beginning June 1, 2002.

Unanimous Vote.

Meeting with Fire Chief – RE: Basic Life Support License

Fire Chief Robert Silva was present. He told the Board he was bringing back a previous request made by the Public Ambulance Study Committee to approve an application for a basic license. This license would be non-transporting. Chief Silva said that the cost of $2400 was available in the Fire Department’s budget for this year.

Chief Silva explained that the License would allow the Department, with 16 EMTs, to give more definitive care to a patient when the arrival time of the contracted ambulance is delayed.

Chief Silva said the license can also have more than one (1) vehicle assigned to it. Allowing equipment to be moved as long as the State is notified.

Selectwoman Brunelle asked if additional certification would be necessary. Chief Silva said it would not, noting that an EMT is usually on board a vehicle 8 out of 10 times.

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

VOTED: To authorize the Fire Chief to apply for a BLS License, with the cost of $2,400 to be taken from the FY ’02 Fire Department’s Budget.

VOTE 3 – 0 – 1 (Vice-Chairman Wiksten abstained)

Jane Lopes asked what would need to be done to maintain the License. Chief Silva said the biggest thing would be to maintain the equipment.

Meeting with Michael Ambrose – RE: Community Preservation Act Committee

Michael Ambrose met with the Board. He has been working on forming a Committee to research the Community Preservation Act.

Mr. Ambrose told the Board that the Community Preservation Act is a tool for communities to preserve open space, historic sites, and affordable housing. The Act is statewide enabling legislation to allow cities and towns to exercise control over local planning decisions.

The Community Preservation Act provides new funding sources which can be used to address three (3) core community concerns:

The Act establishes a 3% surcharge on local property taxes. State money comes from filings to the Registry of Deeds. It is only available to communities that have enacted this Act.

A minimum o f 10% of the annual revenues of the fund must be used for each of these concerns. The remaining 70% can be allocated for any combination of the allowed uses.

The enactment requires a ballot vote. Mr. Ambrose told the Board that the earliest ballot would be November. Voter approval would need to be obtained at the Spring or Special Town Meeting, or 5% of voters on a petition before July 22nd. There are currently 38 communities that have enacted this.

Mr. Ambrose presented several individuals who are interested in being part of an ad-hoc committee to further investigate this.

Selectwoman Brunelle asked if the Committee could have an article prepared for the upcoming Town Meeting. Mr. Ambrose said this could be done.

A permanent five-member committee consisting of representatives from the Planning Board, Conservation Commission, Housing Committee, Historical Commission and Parks & Recreational Department is not formed unless it is accepted at the November Town Meeting. The committee can also include four at-large members.

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

VOTED: To appoint a Community Preservation Act Study Committee for one (1) year, consisting of seven (7) members, who may or may not be Town residents, for the purpose of gathering information regarding the Community Preservation Act.

Unanimous Vote.

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

VOTED: To appoint the following individuals to the Community Preservation Act Study Committee:

Michael Ambrose Doug Morash

Gilbert Bliss David Snow

Cheryl Brown Ian Ward

Caroline Lacroix

Unanimous Vote.

The Committee was reminded that the deadline for submitting Warrant Articles is April 12th.

NEW BUSINESS

Request Permission to Use Available Funds – Fire Chief

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

VOTED: To allow the Fire Chief to expend funds from within the Personal Services section under line item Sick Leave Buy Back #519700 for implementing the Fire Chief’s Agreement.

VOTE 3 – 0 – 1 (Vice-Chairman Wiksten abstained)

Request for Approval of New Constable – Timothy A. Bryant

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

VOTED: To appoint Timothy A. Bryant, 1 Rice Street, Middleboro as a Constable for the Town of Middleborough.

Unanimous Vote.

Town’s Option to Purchase Chapterland – Beaton – West Grove Street

The Board received notice that Bayside Agricultural, Inc. of 2417 Cranberry Highway, Wareham, MA has signed a Purchase & Sale Agreement for property located on West Grove Street, being a portion of Assessors Map 057 Lot 2125. The purchase price is $875,000. The Town has first right of refusal because the property is under Chapter 61A.

A memo had been sent to the Assessors, Conservation Commission, Planning Department, Zoning Board, Park Department and Historical Commission asking for input.

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

VOTED: To waive the right of the Town to purchase property located on West Grove Street, Assessors Map 057 Lot 215, currently under 61A, owned by Bayside Agricultural, Inc.

Unanimous Vote.

Mr. Healey suggested that the property will be used for a "friendly 40B" project. It will be elderly and family apartments.

Request to Expend Selectmen’s Engineering Funds – Washburn Mill

Mr. Healey told the Board that proposals had been sought from three (3) local engineering firms for the Washburn Mill Easement Plan. The lowest bid was $500 by Senna, Fitzgerald and Gilbert. The current balance in the Selectmen’s Engineering Funds is $2,335.

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

VOTED: To authorize the expenditure of $500 from the Engineering Fund to pay Senna, Fitzgerald and Gilbert for the Washburn Mill Easement Plan.

Unanimous Vote.

Mr. Healey said work will begin immediately.

Request to Appoint Election Officers – Town Clerk

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

VOTED: To appoint Election Officers for 2002 as requested by the Town Clerk.

Unanimous Vote.

Request to Approve "Walk & Rock" – Larry Tummino

The Board received a request from Larry Tummino for permission to hold a walk-a-thon to benefit Habitat for Humanity.

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

VOTED: To approve the "Walk & Rock" to be held on May 19th beginning at 1:00 PM, subject to approval of the Police Chief.

Unanimous Vote.

Request for Vacation Day – Board’s Secretary

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

VOTED: To approve a Vacation Day for the Board’s Secretary for Friday, March 29th.

Unanimous Vote.

OLD BUSINESS

There was no "Old Business" discussed tonight.

TOWN MANAGER’S REPORT

Mr. Healey told the Board that a letter had been received from Janice Brocklehurst regarding the Washburn Mill RFP process. As a result, the process has been extended to early May in order to comply with the Procurement Law.

Chairman Perkins entered the meeting at this time.

SELECTMEN’S BILLS

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

VOTED: To pay three (3) bills submitted by Verizon in the amounts of $21.86, $21.85, and $21.85, totaling $65.56.

Unanimous Vote.

OTHER

CORRESPONDENCE

Chairman Perkins suggested the letter be forwarded to the Park Department.

 

 

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

VOTED: To enter into Executive Session at 7:53 PM, not to return to Open Session, for the purpose of discussion negotiations and the sale and disposition of Town-owned property.

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

VOTE 5 - 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN