SELECTMEN’S MEETING

MAY 19, 2003

 

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

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of May 12, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of May 12, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request to Approve Road Layout – Winding Way

Chairman Perkins read the following: "The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, May 19, 2003 at 7:05 PM to accept the layout of Winding Way, located off of Purchade Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled "Winding Way – Middleborough, MA – As-Built Acceptance Plan", dated May 6, 2002, revised through January 2, 2003, drawn by Miller Engineering, which plan is on file with the Town Clerk’s Office." The hearing was opened.

Guy Tardanico, the developer, was present. He returned the green cards. He told the Board that the project had been accepted by the Planning Board.

Chairman Perkins noted that the Board has received signed releases from the abutters.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the layout of Winding Way, as shown on a plan entitled "Winding Way – Middleborough, MA – As-Built Acceptance Plan", dated May 6, 2002, revised through January 2, 2003, drawn by Miller Engineering."

Unanimous Vote.

Hearing – Request to Transfer Liquor License – 45 Everett Street

Chairman Perkins read the following: "A hearing will be held by the Board of Selectmen on Monday, May 19, 2003, at 7:20 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing the request made by Tracey J. Delano d/b/a T.J.’s Convenience, for a Transfer of an Annual Wine & Malt Package Store License for property located at 45 Everett Street, Middleboro, MA shown as Assessors Map 50J Lot 4346. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

The Board received a letter from the Police Chief stating no objection to the proposed Manager of the establishment.

Selectwoman Brunelle asked for certification of citizenship.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request made by Tracey J. Delano d/b/a T.J.’s Convenience, for a Transfer of an Annual Wine & Malt Package Store License for property located at 45 Everett Street, Middleboro, MA shown as Assessors Map 50J Lot 4346.

Unanimous Vote.

Hearing – Request to Change Cab Fares – Superior Taxi

Chairman Perkins explained that, at their April 28th, the Board had mistakenly allowed an increase in cab fares without holding a hearing.

Chairman Perkins read the following: "A public hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, May 19, 2003 at 7:30 PM, under the ‘Town of Middleborough - Regulations for the Operation of Taxi Cabs’ to discuss the request made by Superior Taxi for a change in taxi cab fares. Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Maurice DeLongchamps, owner of Superior Taxi, was present. He explained that his current rates are the lowest of surrounding areas, including Bridgewater, Wareham, Taunton and Norton.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request made by Superior Taxi the for the following fee and rate increases:

1st mile - $3.00

Additional miles - $2.00

Delivery - $1.00 plus fare

Waiting Time - $20.00 per hour

Unanimous Vote.

Selectman Wiksten noted that Mr. DeLongchamps had also requested parking spaces for his cabs.

Mr. DeLongchamps said that one (1) spot would be ideal. He felt two (2) spots might interfere with other businesses.

Chairman Perkins asked if he had spoken to the other businesses in reference to the request. Mr. DeLongchamps said he had not.

Selectman Wiksten noted that parking spaces had been allowed at the previous location. He suggested two (2) spots – one on either side of the street.

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

VOTED: To allow two (2) spaces to be designated for Superior Taxi cab parking – one on either side of Centre Street.

Unanimous Vote.

NEW BUSINESS

Update on Budget – FY’04

Selectman Rogers brought up the Capital Planning Articles that are on the Annual Town Meeting Warrant. The articles are contingent on a debt exclusion vote. He asked if the contingency should be removed, and regular appropriation be made.

Selectwoman Brunelle said if the articles pass, the Board will be committed to do them. She asked where the funding would come from.

Selectman Rogers asked why there would not be funding. He noted the Debt Exclusion question that is on the June 21st ballot. He said these items cannot go unfunded. He said the biggest expense if for modulars for the High School. Improvements also have to be made to roofs. He said these could be phased in by bonding.

Selectwoman Brunelle said she could not say that there still wouldn’t be layoffs even if the Debt Exclusion question passes. If these articles passed, it would mean more layoffs. She suggested the articles wait until the Fall Town Meeting.

Selectman Rogers said he could not see the rationale in preserving Town employees and services and saying the "heck" with repairing roofs, windows, modular units or buying equipment to keep everybody. He said the issue of the modulars cannot wait until the Fall.

Selectwoman Brunelle said the Board has heard no more from the School Department on whether or not they are going forward with the modulars for September. She said she would like to know if this is critical to have this year, or next year. She asked if the money being requested was sufficient, or would they be asking for more.

Chairman Perkins said he didn’t disagree with Selectman Rogers, but noted that with budget cuts the School Department may not be able to hire teachers to put in the modulars this year. He also noted that this would take two (2) separate elections.

Selectman Wiksten agreed that some things cannot wait, such as leaking roofs.

Selectman Rogers asked if Article 32, regarding the modulars, should be amended, with contingency wording deleted if necessary, and adding wording for borrowing.

Selectwoman Brunelle said that Town Counsel would have to answer this.

Selectman Eayrs suggested that any articles for capital improvements can wait. Only dire emergencies need to be acted on. He said the larger obligation is to keep Town Government in one piece. He said he would like to see the school make the case for the modulars.

Jane Lopes felt that eliminated the contingency of the debt exclusion for the articles would change the scope of the article.

Selectman Wiksten said that the School Department might be funding items that are not mandatory, such as full day kindergarten. He said they needed to decide what the dire needs are and what they can live without.

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

VOTED: To leave the wording of the Capital Planning Improvement Articles as it is.

Unanimous Vote.

Selectman Eayrs said the Board should start to get a timetable in resolving the budget. He asked how far away we are now, with the FinCom departmental cuts.

Chairman Perkins said the Senate’s budget should be released late this week.

The Board will hold a public hearing to discuss the Warrant Articles at their next meeting on June 2nd.

 

 

 

Request to Appoint Member to Soule Farm Advisory Committee – Agricultural Commission

The Board received a letter from the Agricultural Commission asking that one of their members be appointed as the at-large representative for the Soule Farm Advisory Committee.

The Lease calls for a 3-member Board: A representative of the Soule Homestead, a representative of the Board of Selectmen, and one member at-large.

Darlene Anastis said the Agricultural Commission will submit names for the Board of Selectmen to pick from.

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

VOTED: To correspond with the Soule Farm Board of Directors to inform them that the Board is working on creating this Committee, and ask for their representative.

Unanimous Vote.

Request to Use Town Hall Lawn – Central Baptist Church

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

VOTED: To approve the request made by Central Baptist Church to use the Town Hall lawn during the week of July 7 – 11, 2003 from 9:15 AM to Noon, for activities related to Vacation Bible School.

Unanimous Vote.

Selectwoman Brunelle noted that no stakes or anything else will be allowed to be put into the ground, as it may damage the sprinkler system.

Request Permission to Distribute Rabies Vaccine, Surveillance of Rabies in Wildlife, and Live Trappings of Raccoons – Tufts University School of Veterinary Medicine

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

VOTED: To approve the request of Tufts University School of Veterinary Medicine to continue the oral rabies vaccination program for raccoons in the Town of Middleborough in June 2003, and also for distribution of the rabies vaccine, surveillance of rabies in wildlife, and live trapping of raccoons.

Unanimous Vote.

Request to Approve & Sign Amendment – SEMASS

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

VOTED: To approve and sign the amendment to the Contract with SEMASS for the 2003 Massachusetts Technology Collaborative Grant Allocation.

Unanimous Vote.

Request for Exemption of Interest – Paul Colarusso

Chairman Perkins read a letter from Paul Colarusso, a member of the Planning Board, requesting that the Board approve an exemption of interest in regards to a project called "Cottonwood Subdivision" and the covenant and infrastructure completion agreement from Section 20 of General Law Chapter 268A.

Selectwoman Brunelle said she had no problem with the request, but asked if the entire Planning Board was already classified as Special Municipal Employees.

Chairman Perkins said the law requires an individual to file Exemption of Interest requests.

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

VOTED: To approve the request made by Paul Colarusso for an exemption of interest in regards to a project called "Cottonwood Subdivision" and the covenant and infrastructure completion agreement from Section 20 of General Law Chapter 268A.

Unanimous Vote.

Town’s Option to Purchase Chapterland – Gates

The Board had some questions regarding this request, including how many acres were being offered to the Town. Other Board have also been given a deadline of May 28th to respond to the request.

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

VOTED: To table the request for two (2) weeks.

Unanimous Vote.

Request to be Appointed as "Contract Manager" – Fire Chief

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

VOTED: To authority Chief Robert Silva to have "signatory authority" in regards to a Massachusetts Emergency Management Operations Planning Grant in the amount of $15,100.0.

Unanimous Vote.

OLD BUSINESS

Parking on Long Point Road

This item was tabled until the next meeting.

TOWN MANAGER’S REPORT

There was no Town Manager’s Report as Mr. Healey was on vacation.

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by the Town of Middleborough in the amounts of $85.44 and $18.03, totaling $103.47.

Unanimous Vote.

OTHER

Warrant Articles

The Board received a request from the Town Clerk & Accountant for two (2) additional Articles to be put on the Warrants.

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

VOTED: To open the Special Town Meeting Warrant.

Unanimous Vote.

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

VOTED: To place the following article on the Special Town Meeting Warrant:

"To see if the Town will vote to transfer a sum of money from the Receipts Reserved for the School Electrical Fire in order to pay the costs associated with the electrical fire at the Mayflower-Burkland School complex, or act anything thereon."

Unanimous Vote.

The second article is to establish a revolving fund account for public copies of Zoning Maps, Zoning Bylaws and Subdivision Rules and Regulations.

Selectwoman Brunelle said she did not have a problem with establishing the account, but questioned the requested amount of $15,000.

Chairman Perkins noted that the amount could be amended on Town Meeting Floor. Selectwoman Brunelle asked that the article be placed without an amount.

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

VOTED: To open the Annual Town Meeting Warrant.

Unanimous Vote.

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

VOTED: To insert the following Article into the Town Meeting Warrant:

"To see if the Town will establish the use of a revolving fund under General Laws Chapter 44, Section 53E ½ for fiscal year 2004 for the purpose of providing to the public copies of the Town’s Zoning Map, Zoning Bylaws and Subdivision Rules and Regulations, with all receipts received from the sale of the maps and rules and regulations to be credited to the fund and to authorize the Town Clerk to expend the fund to pay expenses incurred in the cost of providing the Zoning Map, Zoning Bylaws and Subdivision Rules and Regulations, with expenditures from the fund to be an amount limited by Town Meeting, or act anything thereon."

Unanimous Vote.

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

VOTED: To remove the article from the Annual Town Meeting Warrant regarding the operation of the landfill.

Unanimous Vote.

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

VOTED: To insert the following two (2) articles into the Annual Warrant:

"To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement with the Town of Carver to provide for the sale of water to the Town of Carver with respect to properties which currently receive water service from the Town of Middleborough on such terms and conditions as the Board of Selectmen approves, or act anything thereon.

and

To see if the Town will authorize the Board of Selectmen to enter into an agreement with the Town of Carver to provide for the sale of water to the Town of Carver with respect to properties believed to be owned or leased by Simeone Associates LP and located on or off North Main Street, Route 58 in Carver, MA and shown as Lots 1, 1A and 2 on the Town of Carver Board of Assessors Map Number 26, Lot 4 on the Town of Carver Board of Assessors Map Number 18, and Lots 6 and 7A on the Town of Carver Board of Assessors Map Number 22, on such terms and conditions as the Board of Selectmen approves, or act anything thereon.

Unanimous Vote.

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

VOTED: To close the Annual and Special Town Meeting Warrants.

Unanimous Vote.

Rubbish Receptacles

Chairman Perkins read a letter from the Town Manager regarding a request for the Board to change the allowable size of rubbish receptacles.

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

VOTED: To allow up to a 55-gallon receptacle to be used for rubbish barrels.

Unanimous Vote.

Discussion ensued on whether or not there could be additional problems for the workers in the Highway Department because of the size of the receptacles.

Selectman Wiksten noted that Mr. Boucher had submitted the request.

Meeting with Dave Peck

Selectman Wiksten noted an upcoming meeting with David Peck. He asked if the meeting was in reference to a recent decision by the Board regarding 8-inch water mains.

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

VOTED: To remove the item from that Agenda until a full explanation, with written justification, is received.

Unanimous Vote.

CORRESPONDENCE

There was no discussion regarding Correspondence tonight.

 

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

VOTED: To enter into Executive Session at 8:05 PM, not to return to Open Session, for the purpose of discussing Litigation.

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