SELECTMEN’S MINUTES

MARCH 1, 2004

 

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

Selectman Rogers, Selectman Eayrs, and Selectwoman Brunelle were present.

Selectman Wiksten was absent.

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of February 23, 2004.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of February 23, 2004.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing (cont.) – Mobile Home Park Code Violations – Edgeway Park

Bill Senna, Senna Fitzgerald Gilbert Associates, was present. He presented plans, and a letter of explanation.

Mr. Senna told the Board that a topographical survey had been done of the area between Lyn Lane and Wesley Circle. These units are shown on the plan. Lot 29 is the only lot that does not have a mobile home in place.

The homes are supplied with water from the park public water supply. Natural gas is available to each site. Electric, cable, and telephone utilities are located underground. Each home has a septic tank and several soil absorption systems are shared by the homes. Lawn irrigation is located throughout the site.

The contours display a peak around lots 18 and 19. Surface runoff from the higher lots located off Lyn Lane drain northerly into the lots located off Wesley Circle as well as other lots located down slope on Lyn Lane. Surface water also flows from lots on Wesley Circle northwesterly across the lower lots on Wesley Circle.

Mr. Senna said it is their opinion that if the surface water could be redirected into the road drainage system without flowing into the areas of the lower units, much of the surface water problems that park residents are experiencing could be eliminated.

Mr. Senna proposed a landscaping mound system to direct the surface water into the road and to protect the area of the lower units. Some units that have more problems than others have been completely enclosed by the mounding. The earth mounds will be placed directly on the property lines. One two (2) feet of a residents land will be used. Plantings can be applied to the top of the mound and the sides will be grassed. Yard areas can be cut easily up to the landscaped berm and plantings could be added by the residents for privacy if so desired. Mr. Senna suggested starting with the areas of the most concern, such as units 92, 100, 108, and 112.

Mr. Senna said several homes have been inspected for accumulation of water under the homes. Some pooling of water was found on the installed vapor barriers under the units. He said there is concern that in some cases water from roofs, roof drains, and overland flow from the individual lots and others are getting under the units and some of the water is being trapped. He said the installation of earth mounds will eliminate much of the transient water.

Mr. Senna further suggested house downspouts be redirected with the use of extensions that will distribute the water away from the unit.

Mr. Senna said the plan would be a good start, and would not require anyone’s approval because there is no changing of the water flow to the basin sites on the roads.

Mr. Senna said a small swale may be needed in some areas.

Selectwoman Brunelle asked if enclosing certain lots completely would create problems for other lots.

Mr. Senna said it would not. Some water would be blocked, and should flow against the berm and into the road, not into the property.

Selectman Eayrs asked how residents would mow the mounds.

Mr. Senna said he had talked to Mr. Williams, and it was suggested that plantings be put on top of the berm, with mulch on the sides.

Selectman Eayrs said the slope would be significant, and said good grass would be needed to hold the soil.

Mr. Senna said the mounds could be expanded if a smaller slope was needed. Mowing would be to the bottom of the berm, and a trimmer would take care of the rest of the slope.

Selectman Eayrs said he had a general concern that creating this type of system would create a lot of aggravation.

Discussion ensued on the size of the swale.

Mr. Senna said there would probably not be a need for a swale, but a 4’ wide mounding system: 2 feet on top, 1 foot for berms, and 17" on the side slopes. He said a swale would probably only be needed on Unit 92.

Chairman Perkins noted that when the Board had initially looked at the engineer drawing, vapor barriers and mounding were under the units. He said the possibility of creating these mounds rather than holes under the units had been discussed.

Mr. Senna said some units do not have room underneath for the mounding.

Mr. Healey noted a reference to removing vapor barriers where pooling of water occurs. He said he understood that mounded vapor barriers under the units would be an alternative to ventilation in the skirts.

Catharine Hassett said the Building Inspector needs to interpret State Building Code 780 CMR 3604.9. Mr. Senna said ventilation would still be needed, only less.

Selectman Rogers asked if French drains had been considered.

Mr. Senna said they thought this system would be better. He said it would be easier to install because of things in the ground.

Selectman Rogers suggested that the engineer for the Planning Board review the proposal and make comments.

Mr. Healey said he believed the Planning Board’s approval would be necessary because the plan requires reconfiguration.

Mr. Healey asked if it whose responsibility it would be to install extensions on downspouts and install flower beds. He agreed a French drain system would be better.

Mr. Senna said this had not been discussed with Mr. Williams.

Mr. Healey questions the absorption of water if interrupted by a berm.

Mr. Senna said units would only deal with the water generated on their land by roof units. He said the topography goes from left to right.

Mr. Healey asked how much water would be absorbed into the ground versus onto the street.

Mr. Senna said he really didn’t know. He said the water would be redirected by a berm.

Mr. Healey asked where the water would go.

Mr. Senna said it would go into the road system to catch basins to the detention basin.

Mr. Healey suggested the Building Inspector and Planning Board review the plans.

Residents who were present expressed concern with the plan, saying it was a "cheap way of getting out of doing the job right". They said the plan would "push around" the water, not get rid of it.

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

VOTED: To remand the plan to the Building Inspector and Planning Board for comments, and any proposed alternatives.

Unanimous Vote.

Chairman Perkins said he would try to figure a way to notify the residents when the hearing is scheduled to resume.

Catharine Hassett said there was still an issue of excessive tires and metal debris.

Attorney Driscoll said he would speak to Mr. Williams tomorrow.

Selectwoman Brunelle asked the Health Inspector to provide an update in seven (7) days.

Selectman Eayrs said it may take longer because the ground is frozen, and suggested two (2) weeks.

Ms. Hassett will still report to the Board in one week.

Meeting with Joseph Thomas – RE: Proposed Disabled Veterans Center

Joseph Thomas was present. He told the Board he is a native of Middleborough, and was proposing a temporary shelter for veterans of the Town. He said geographical restrictions limit support that they can get, especially the disabled. He said the mission is to provide a clean, safe environment to congregate and utilize networking to fill needs, and to obtain funding through rehab programs.

Mr. Thomas said the request is not affiliated with the Disabled American Veterans in the Town.

Mr. Thomas proposed the location at 13 Forest Street. He said the Town-owned building has been vacant, and would be ideal for this type of project because it is centrally located. He said the building currently is missing trim, has a leaky roof, and no insulation. He said the project would get the property back onto the tax rolls.

Mr. Healey said the building has been traditionally used by the Water Department. He said the first water tower was located there. Currently, the garage houses the creche scene, and the building contains water department supplies and equipment, including water meters. He said the cost to repair the building has been costed out, and will be included in next year’s fiscal budget. The estimate for repairs is $21,400. Mr. Healey said the project is praiseworthy, but he could not recommend the sale of the building at this time given the shortage of storage space in Town. He suggested Mr. Thomas work with Paul Provencher to find an alternative location.

Mr. Thomas told the Board that he had spoken to Mr. Healey in January. He said he was "led down the road" to believe the request would not be much of a problem.

Selectwoman Brunelle said she was sorry if Mr. Thomas was given that impression, and suggested he contact the Housing Authority to see if there are any available properties.

Mr. Healey said he never suggested the Forest Street location would be an ideal location. He said he discouraged him in regards to using this property, but told him he had the right to present it to the Board.

Chairman Perkins asked Paul Provencher for his opinion.

Mr. Provencher said he was not sure of the vet’s population that would be eligible to use such a facility. As a citizen, he said it would be appropriate to get the building back on the tax rolls.

Mr. Healey noted that, if the building was to be sold, the procurement procedure would have to be followed, and would not guarantee that this group would get the building. He also noted that non-profit entities do not pay taxes.

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

VOTED: To deny the request of Joseph Thomas to sell the property located at 13 Forest Street.

Unanimous Vote.

Meeting with Lawrence P. Silva – RE: Request for Earth Removal Permit Extension – Sam White & Sons, Inc.

Lawrence Silva, Silva Engineering Associates, P.C., was present.

Mr. Silva told the Board that the current Earth Removal Permit for Sam White & Sons, Inc. for property located at 580-582 Wareham Street would expire this month. He said more time is needed to complete the project, and was requesting an extension.

Mr. Silva noted that the original plan included a retail center, office, and a repair garage. A pond, with a pumping station, was also created for composting and use as a fire pond.

The removal of material was done in three (3) tiers. A berm to protect the neighborhood has been constructed.

Mr. Silva said the majority of the work has been completed. However, in the process the top soil has been stockpiling. The extension will allow time to remove this material from the site.

Selectwoman Brunelle noted that Mr. Silva’s letter requests a two (2) year extension, but the bylaw only allows for one (1). If work is not completed within that extension time, a new permit will be required.

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

VOTED: To grant a one (1) year extension for Earth Removal Permit #01-1.

Unanimous Vote.

Meeting with Prime Engineering, Inc. – RE: Proposed Station Street Crossing Utility

Warren Lane, Land Use Associates, met with the Board in regards to a proposed development by MBC Development, Inc. north of the former Lakeville Hospital.

Mr. Lane said that MassHighway has awarded a contract for paving Route 105. Permission is being requested to install service connection stubs from the existing 16-inch water main and the 6-inch force main in Route 105 to the sideline of the roadway. The stubs would be capped and not used until all relevant permits and agreements are in place. The purpose would be to avoid disturbing the newly paved surface later in the year.

Mr. Lane said that there have been preliminary discussions with the Lakeville Board of Selectmen.

Selectwoman Brunelle said approval will depend on the IMA being finalized with Lakeville.

Chairman Perkins said that is still being negotiated, and is probably within one (1) month of being finalized, one way or the other.

Selectman Eayrs said the Board would be interested in the proposal.

Mr. Healey said the request requires immediate attention. He suggested the contractor for paving Route 105 be contacted for the projected start date. He suggested the Board finalize the I/I and Sewer Rates and Charges before dealing with this issue.

Chairman Perkins said he is not displeased with the request, but felt it was a bit premature.

Mr. Lane said he wanted to get it "out on the table".

 

Hearing (cont.) – Infiltration & Inflow Policy and New Sewer Rates and Charges

Meeting with Mike Scippione, Weston & Sampson

Mike Scippione, Weston & Sampson, and Richard Tinkham, Water Superintendent, were present.

A video showing the cleaning and lining process was shown.

Mr. Scippione said that several notices will be sent to residents. People cal call if there are any issues. The tentative start date is March 15th.

Selectman Eayrs asked what would happen if a section was reached that had a dislodged or broken pipe.

Mr. Scippione said that section would be cut out and replaced. He said there is not a high likelihood of this happening.

Discussion ensued on the thickness of the mortar used, and what would happen if it did not stick in a section in the middle.

Chairman Perkins asked for an idea of the disruption time.

Mr. Scippione said it would proceed through the whole Summer. Phase 1 will begin in March.

Chairman Perkins suggested those streets that will be affected be advertised in the paper, and on cable.

Continued Hearing

Selectman Rogers told the Board that amendments have been made to incorporate all comments that were received.

Selectwoman Brunelle suggested that the policy include a definition of the existing sewer service area.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To take the I/I Policy and new sewer rates and policies, under advisement.

Unanimous Vote.

 

NEW BUSINESS

Update on Budget Fy’05

There was no update tonight.

Request to Ratify Appointment to Historical Commission

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

VOTED: To ratify the appointment of J. Thomas Dexter to the Historical Commission for a three (3) year term.

Unanimous Vote.

Request for Automated Amusement Devices – "Not the Same Old Country Store"

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

VOTED: To approve the request from Elizabeth McDermott d/b/a "Not the Same Old Country Store", 91 Miller Street, to allow three (3) automated amusement devices for Monday through Saturday, 7AM to 8PM.

Unanimous Vote.

Request to Approve Race Dates – Capeway Rovers

Chairman Perkins said 20 dates are being requested. This is not an increase from last year.

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

VOTED: To approve the following race dates for Capeway Rovers:

Sundays Saturdays

3/21 4/3

4/08 4/24

5/23 5/1

8/8 5/8

8/29 5/15

9/19 6/12

10/10 7/17

10/24 7/31

9/4

9/11

10/16

10/30

Unanimous Vote.

Request to Approve Sunday Entertainment Licenses – Capeway Rovers

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

VOTED: To approve Sunday Entertainment Licenses for Capeway Rovers from 9AM to 8PM on the following dates:

3/21 8/29

4/08 9/19

5/23 10/10

8/8 10/24

Unanimous Vote.

Request to Approve One-Day Liquor Licenses – Capeway Rovers

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

VOTED: To approve One Day Liquor Licenses for Capeway Rovers for the following dates:

3/21 8/29

4/08 9/19

5/23 10/10

8/8 10/24

Unanimous Vote.

OLD BUSINESS

There was no ‘Old Business’ to discuss tonight.

TOWN MANAGER’S REPORT

The Board had voted last week to place an article on the Town Meeting Warrant to appoint a study committee in regards to the Police Station.

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

VOTED: To include an Article on the Annual Town Meeting Warrant for a building needs study committee for the D.P.W.

Unanimous Vote.

Selectman Rogers said the existing report is still accurate today. He is working on an update.

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

VOTED: To inform Dan Costello that the License and Indemnification Agreement has expired, and to ask what his intentions are.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by Forms & Graphics, Inc. in the amount of $132.50.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $23.35 and $23.37, totaling $46.72.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Consultants to Management, Inc. in the amounts of $240.00 and $360.00, totaling $600.00.

Unanimous Vote.

OTHER

Appointment of Town Clerk & Town Accountant Positions

Chairman Perkins explained that the Board had met in Open Session on February 25th to interview three (3) candidates for Town Clerk and four (4) candidates for Town Accountant. The Board had taken the matter under advisement to make a decision.

Chairman Perkins said he was pleased with the caliber of all the applicants, and asked if anyone wanted to make a motion.

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

VOTED: To appoint Eileen Gates as the Town Clerk.

Unanimous Vote.

Selectman Rogers said all of the candidates were "encouraging". He said they were local, aggressive, and wanted to work for the Town.

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

VOTED: To appoint Steven Dooney as the Town Accountant.

Unanimous Vote.

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

VOTED: To authorize the Chairman to draft a letter thanking those who applied.

Unanimous Vote.

Selectman Rogers asked what the starting date would be for the positions.

Selectwoman Brunelle said the Board needed to sit down and discuss space allocation.

Chairman Perkins suggested putting the discussion off for one (1) week to ascertain Sandy Bernier’s official retirement date.

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

VOTED: To authorize Eileen Gates to sign as the Town Clerk for ballots to be ordered for April 3rd.

Unanimous Vote.

Arrangements will be made to swear in the candidates.

CORRESPONDENCE

 

 

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

VOTED: To adjourn at 9:35 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN