SELECTMEN’S MEETING

May 24, 2004

 

 

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

 

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

 

Selectman Wiksten left the meeting at 10:35 PM.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of May 17, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of May 17, 2004.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for WRPD Special Permit – Eric Bagg – 120 Fuller Street

 

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 May 24, 2004 at 7:05 PM, for the purpose of discussing an application filed by Michael J. Koska & Associates, on behalf of Eric Bagge, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a single family dwelling with a subsurface sewage disposal system and improve an existing cart path within twenty-five feet of a wetland.  The property is located at 120 Fuller Street and is shown as Assessors Map 025, Lot 929, zoned Residential Rural, W.R.P.D. “Z4”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Michael Koska, of Michael J. Koska & Associates, was present to represent Mr. Bagge.

 

Mr. Koska told the Board that the project lot is approximately 11 acres in size.  There is 13’ of frontage, and an existing access way by the northerly wall, which goes across an unnamed stream to the back of the lot.  Mr. Koska said the pathway has existed since at least 1944 according to descriptions of the property.

 

The proposal is to build a single family dwelling with a detached garage, and to upgrade the existing driveway access to 12 foot wide buildable portion of the property.  Currently, the path is between 8’ and 10’ wide.

 

Mr. Bagge has received permission, from the Conservation Commission, for a perc test.  A plan has been filed, and a Notice of Intent was received with a favorable Order of Conditions.  The Health Department has accepted and approved the perc test.

 

Mr. Koska presented a plan, which showed the wetland line that has been flagged and approved by the ConCom.  He said the driveway will be composed of clean, compacted gravel, and a steel plate will be placed over the stream.  About 440 s.f. of wetland filling will occur.

 

Selectman Bond asked how close the septic system would be to the nearest well.

 

Mr. Koska said the applicant’s system would be the closest, at a distance of 200’.

 

Selectman Bond asked about any problems with potential flooding.

 

Mr. Koska said the property is not shown as a flood plain area.  He said some stones have collapsed, and water goes around them.  He said this would be improved by putting the stones back and placing a steel plate.  He said there is no flooding by the septic area.

 

Selectman Bond asked if fertilizer would be used on the lawn.

 

Mr. Koska said the applicant would want to loam and seed an area around the house approximately 35 – 40’.  He said the lawn will be limited.

 

Chairman Perkins read a letter from the Building Commissioner stating that he supported the petition.

 

The only comments from the Conservation Commissioner was to noted Special Condition 17 in their Order of Conditions which states “The roadway is to be completed and replication started before construction of the dwelling”.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the application filed by Michael J. Koska & Associates, on behalf of Eric Bagge, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a single family dwelling with a subsurface sewage disposal system and improve an existing cart path within twenty-five feet of a wetland, for property located at 120 Fuller Street, shown as Assessors Map 025, Lot 929, zoned Residential Rural, W.R.P.D. “Z4”.  The Board further found that the project:

a.       Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.       Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.

Unanimous Vote.

 

Hearing – Request for Relocation of Pole – Verizon & Middleborough G&E Department

 

Chairman Perkins read the following:  “A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, May 24, 2004 at 7:20 PM, for the purpose of discussing the petition filed by Verizon New England Inc. and Middleborough Gas & Electric Department, to relocate one pole (27) on Plain Street.  This petition is necessary in order to maintain support to the existing pole line due to road reconstruction.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Joanne Robideau, Right of Way Manager for Verizon, was present.  She explained that the request is to relocate a pole on Plain Street because of the regarding and tarring.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the petition filed by Verizon New England Inc. and Middleborough Gas & Electric Department, to relocate one pole (27) on Plain Street, to maintain support to the existing pole line due to road reconstruction.

            Unanimous Vote.

 

Meeting with Town Accountant

 

Lisa Higgins was present.

 

Chairman Perkins explained that she had been invited to meet with the Board to discuss what has been happening in her office.

 

Selectwoman Brunelle asked if Ms. Higgins was more comfortable with the programs and systems after attending a training in Minnesota last week.  She also asked if Ms. Higgins was confident she could “close the books” as scheduled.

 

Ms. Higgins said she was.  She said her confidence level is up, and she received a complete overview of the system.  She said she anticipated “a little problem” closing the books because of the general timing.

 

Selectwoman Brunelle asked if Ms. Higgins would try to have the Free Cash certified for a Fall Town Meeting.

 

Ms. Higgins said she is looking to “go full speed ahead” and close the books as promptly as she can.  Her intention is to have the Free Cash certified for the Fall Town Meeting.  She said she has requested a consultant to assist her.

 

Ms. Higgins said it is not her intention to make major changes, but to keep the work flow consistent.  She said she would like to streamline things as much as possible to do things in a more timely manner.

 

Selectwoman Brunelle asked about recent newspaper articles, and whether or not Ms. Higgins had found anything in the Audit Reports that lead her to challenge someone’s integrity.

 

Ms. Higgins said the article was not in context.  She said she had voiced frustrations as points of discussion with the FinCom.

 

Selectwoman Brunelle asked if Ms. Higgins would be more confident and comfortable with the system now.

 

Ms. Higgins said she was.

 

Chairman Perkins noted that the retired Accountant had agreed that she would come in to assist Ms. Higgins, but is no longer interested in doing this.  He asked what type of problem this would cause.

 

Ms. Higgins said she had called Ms. Bernier to “re-engage” her, and Ms. Bernier indicated she was no longer interested.  She said this was not related to the newspaper article.

 

Chairman Perkins asked what Ms. Higgins’ concerns were.

 

Ms. Higgins said her focus is to be up to date.  She said once a consultant is on board to facilitate things, she didn’t anticipate a problem balancing the books and closing them out.

 

Chairman Perkins noted that the undercurrent of the article had suggested the financial condition of the Town is not in good shape.

 

Ms. Higgins said there was some concern that “things weren’t as tight as they could be or should be”.  She said there is always room for improvement.  She said that is not to say there is anything wrong with the way it has been.  She noted that GASB requires another level of recording.  She said she had no specific concerns.

 

Selectman Bond asked what skills an outside consultant can offer that is different from her own.

 

Ms. Higgins said it is common place to seek out management consultants because of GASB.  She said the consultant would bring experience taking the data.

 

Selectwoman Brunelle asked if she had someone in mind.

 

Ms. Higgins said she is gathering proposals.

 

Selectman Andrews asked if Ms. Higgins had the capability to close the books without a consultant.

 

Ms. Higgins said it would be more time consuming.

 

Selectman Andrews asked if the job was what Ms. Higgins expected it would be, and if it is within her capability.

 

Ms. Higgins said “failure is not an option”.  She said it is what she thought it would be.

 

Selectman Wiksten suggested Ms. Higgins provide the Board with a weekly not to update them on the situation.

 

Mr. Healey asked if Ms. Higgins would “shoot for an earlier August submittal for early September Certification”.

 

Ms. Higgins said that is the plan.

 

Mr. Healey asked if Ms. Higgins was aware that the Town has a GASB consultant.

 

Ms. Higgins said yes, Wes Gardner.  She said he is “not engaged for an update for 2004”.

 

Mr. Healey asked when she had talked to Mr. Gardner.

 

Ms. Higgins said the end of the previous week.

 

Steve Studley, Chairman of the FinCom, said he wanted to clarify some concerns regarding the newspaper article.  He said no one on the FinCom saw any concerns or “red flags” from their discussion with Ms. Higgins.

 

Hearings – Liquor Sales Violations

 

Chairman Perkins noted that five (5) liquor organizations were asked to meet tonight with the Board.  He read a letter, addressed to each, which stated “It has been brought to the attention of the Board of Selectmen that your establishment is alleged to have sold to underage youth without checking identification on Friday, April 2, 2004 between the hours of 7:30 PM and 8:45 PM.

 

A hearing will be held on Monday, May 24, 2004 at 7:30 PM to hear evidence whether your liquor license should be modified, suspended, revoked or cancelled based on allegations that the licensee violated or permitted violations of the liquor license, the conditions of the license and other laws and regulations of the Commonwealth of Massachusetts, or that you have failed to maintain compliance with Chapter 138 of the Massachusetts General Laws or applicable State regulations.”  The hearing was opened.

 

Police Chief, Gary Russell, was present.  He said letters had been submitted by his officers complaining of sales to underage youth.  As a result, an investigation was conducted by Dets. Lake, Rullo, Storms, and Det. Sgt. David Mackiewicz, on April 2nd.

 

Chief Russell read the results for each store.

 

 

Circle Liquors – 12 South Main Street

 

Sold a six-pack of Miller Lite beer to the male, and sold a six-pack of Killian’s beer to the female.

 

Doug Faber, Circle Liquors, was present.

 

Chairman Perkins asked if the store was approached immediately after the violation.

 

Chief Russell said no.

 

Mr. Faber asked who was alleged to have sold the products.

 

Sgt. Mackiewicz said there was a young female working who sold the Killians.

 

Mr. Faber said the female has not been with him “for some time”.  He said someone is also mistaken because he has “never ordered Killians” for his store, and had invoices to prove it.

 

Sgt. Mackiewicz said he observed the female go into the store, after giving her “buy money”, and saw her come out with a package.

 

Selectman Bond asked if there was a receipt.

 

Sgt. Mackiewicz said it would be in the bag if there was.

 

Sgt. Mackiewicz noted that a male clerk in the store had commented on the females Gucci bag, saying she must be “old enough to buy”.

 

Chief Russell noted that the invoices would only show that he hadn’t ordered from the supplier, but could have purchased it from another store to stock his shelves.

 

Sgt. Mackiewicz presented the evidence to the Board.  It was noted that he bag was labeled “Circle Farms” and not “Circle Liquors”.

 

Selectman Andrews asked if Mr. Faber was going out of business.

 

Mr. Faber said he will be auctioning the store.

 

Selectman Wiksten asked if he would sell the license.

 

Mr. Faber said he would.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Selectman Wiksten said it is not he Board’s intention to put anyone out of business.  He said he wanted to make everyone aware of how easy it is to misjudge someone’s age, and to put safeguards in place.

 

It was the consensus of the Board to hold all hearings before making a decision.

 

Village Market – 206 Wareham Street

 

Did not sell to the male, but sold a six-pack of Bud Light to the female.

 

Kerry Bearse, Manager of Village Market, said he has been in business in Middleboro for 24 years.  He said if this happened, he was embarrassed and disturbed by it.  He said he would have preferred to have the incident reported immediately so he could handle it properly.  He said he employs 24 employees.  This would be a fireable offense.

 

Chief Russell said he believed this was not the first violation at Village Market, saying he had spoken directly with Mr. Bearse the previous time.

 

Mr. Bearse said he did not recall such a conversation.

 

Hearing no further comments, the hearing was closed.

 

Capeway Convenience Store – 578 Wareham Street

 

Sold a six-pack of Miler Lite beer to the male, and a bottle of wine to the female.

 

Anthony Coletti was present.  He asked who was working at the time.

 

Sgt. Mackiewicz said it appeared to be an “older female”.

 

Mr. Coletti noted that 6 weeks had passed before he was notified.  He said he could’ve pulled the surveillance tape if he had known earlier.

 

Selectman Wiksten said, in defense of the Police Department, that the Board was partly to blame for the delay.

 

Selectman Bond said the establishments were twisting the situation as if the Police Department had done something wrong.  He noted they are doing their job.

 

Sandy, a clerk from Capeway, said she has been there for 10 years, and cards anyone who is not a regular customer.  She said she must’ve made a mistake.  She noted that the Coletti’s have a strict policy on carding.

 

Hearing no further discussion, Chairman Perkins closed the hearing.

 

TJ’s Convenience – 45 Everett Street

 

Sold a six-pack of Miller Lite to the male, but did not sell to the female.

 

Tracey Delano, Manager, said her brother-in-law had worked that evening. He addressed the Board, saying he had given his notice to Ms. Delano because he did not want to get her into trouble.  He said he thought he had a good record for carding, but admitted he must be guilty.

 

Hearing no further discussion, Chairman Perkins closed the hearing.

 

Savas Liquors – 167 Center Street

 

Irakli (Rocky) Savas, Manager, was present.  He said he has been in business for 64 years, and said he was guilty.  He said the bigger problem is with of-age people buying and giving it to the underage.

 

Hearing no further discussion, Chairman Perkins closed the hearing.

 

Selectwoman Brunelle noted that the two (2) establishments that had been the reason for the sting were not present tonight.  They were Bourne Food Mart and Seven Star Liquors. 

Chief Russell said they had not sold when the sting was conducted.

 

Chairman Perkins suggested they also meet with the Board.

 

Chief Russell said the five (5) present establishments are all reputable businesses who made a mistake.  He felt that bringing it to their attention was all that was needed at this point.  He noted that no criminal complaints were filed in conjunction with this sting.

 

Chairman Perkins said he would like to follow- up in the near future.

 

Chief Russell said there would be.

 

Selectman Bond said tonight’s hearings should be considered a public censure.  He noted that Selectwoman Brunelle is working on a policy to address future violations.

 

Selectwoman Brunelle noted that the Board had imposed harsher sanctions with tobacco violations.  She felt the Board needed to do something to let the establishments know that it takes this seriously.  She said progressive actions will get worse, and could result in revocations of the licenses.

 

Chief Russell suggested a letter be sent to every licensee indicating what took place, and letting them know there will be more stings with criminal charges pressed in the near future.

 

Selectman Andrews asked what the criminal charges were.

 

Chief Russell said it would be fines.  He said the licensing authority is a separate issue.

 

Sgt. Mackiewicz said this sting was done to “determine compliance”.  He said a criminal investigation was not conducted.  However, he said the next time there would be a criminal investigation, adding his “credibility won’t be questioned”.

 

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

VOTED:  To put all liquor licensees on notice that this compliance check was the first of many, with proceedings to go on record as  the first violation, and to establish a policy to address violations.

            Unanimous Vote.

 

Selectwoman Brunelle suggested future sanctions should be given whether or not it’s the first, or third offense.

 

Chief Russell agreed, asking that the Board not base the punishment on conviction or non-conviction of criminal charges.

 

Chief Russell also said establishments who violate will be approached immediately in the future.

 

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

VOTED:  To request that Seven Star Liquors and Bourne Petroleum meet with the Board on June 21st.

            Unanimous Vote.

 

Hearing – Animal Complaint – Austin Zipp

 

Bill Wyatt, Animal Control Officer was present.

 

Chairman Perkins read the following letter that was sent to Austin Zipp:  “The Board of Selectmen has received a written complaint in regards to two (2) dogs said to be nuisances by reason of vicious disposition.  At their meeting held on Monday, May 10, 2004 the Board voted to authorize the Animal Control Officer to confine the dogs until such time as the Board shall hold a hearing.

 

You have been named as the owner of the dogs which are the subject of the complaints.

 

You are requested to appear at a hearing to be held by the Board of Selectmen on Monday, May 24, 2004 at 8:30 PM which may result in an order concerning the restraint or disposal of such dogs or make other disposition of the complaint.”  The hearing was opened.

 

Bill Wyatt told the Board that he had been bitten by “Zippy”, one of Mr. Zipp’s dogs, who was not provoked.  His recommendation to the Board was to euthanize Zippy and order Puppa to be removed from the Town of Middleborough.

 

Mr. Wyatt also provided copies of Police Reports from the Sandwich Animal Control Officer stating problems with these dogs.

 

Austin Zipp was present.  He disputed the severity of the bite to Mr. Wyatt because he had not gone to the hospital.  He questioned if Mr. Wyatt had “appeared in a threatening way” to the dogs.

 

Mr. Wyatt told the Board that he had received several complaints through the Winter in regards to the dogs.

 

Mr. Zipp read letters from two (2) neighbors who supported the dogs.

 

Selectman Andrews noted that Mr. Wyatt has been the Animal Control Officer for 30 years, and has the ability to access the disposition of a dog.

 

Discussion ensued on the rabies shots.  Mr. Zipp has not provided evidence that these are up to date.

 

Selectman Bond asked if the dogs had “calmed” at any point after the incident.  He asked if anyone else had assessed the dog.

 

Mr. Wyatt noted the paperwork from the Sandwich Animal Control Officer.

 

Selectwoman Brunelle questioned why correspondence is sent to the Town of Sandwich if Mr. Zipp owns the property in Middleborough.

 

Mr. Zipp said he brings the dogs to Middleborough to let them run.

 

Selectwoman Brunelle noted that Mr. Zipp’s residential address is listed as Rhode Island.  She asked if there had been previous problems there.  Mr. Zipp said there were not.

 

Carolyn Fahey, Locust Street, said she is concerned because the dogs get loose and have a tendency to chase kids.  She also presented pictures of Mr. Zipp’s property.  Ms. Fahey said she wanted the dogs removed.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Selectman Wiksten asked Mr. Zipp what his intentions were for the dogs. 

 

Mr. Zipp said he would remove them and put “Zippy” into dog training courses.

 

Selectwoman Brunelle asked where the dogs would be removed to.

 

Mr. Zipp said Rhode Island.

 

Selectwoman Brunelle asked Mr. Wyatt if this would be an acceptable alternative.

 

Mr. Wyatt said he was 100% against this.  He said it was wrong to take a dog that is vicious and put other people in fear.

 

Discussion ensued on the possibility of having the dog evaluated.

 

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

VOTED:  To approve the recommendation of the Animal Control Officer to euthanize “Zippy”, and order “Puppa” to be removed from the Town of Middleborough.

            Unanimous Vote.

 

Mr. Wyatt noted that Mr. Zipp has 10 days to appeal the decision of the Board at Wareham District Court.

 

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

            VOTED:  That no dogs be allowed on property at 562 Wareham Street.

            Unanimous Vote.

 

Mr. Zipp asked that any correspondence be sent to 35 Windswept Drive in Sandwich.

 

Hearing (cont.) – Request for WRPD Special Permit – Delta Realty LLC – Wareham Street

 

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 May 10, 2004 at 7:05 PM, for the purpose of discussing an application filed by Robert J. Mather, as Agent for Delta Realty LLC, Meadowview Road, Groton, MA  01450, for a Special Permit under the Water Resource Protection District By-law, to allow underground fuel storage for an automotive gas station on 3.12 acres on Wareham Street.  The property is shown as Assessors Map 087 Lot 2313, zoned General Use X, W.R.P.D. “Z3”.  Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Chairman Perkins reminded the Board that this hearing had been postponed until tonight at the request of the applicant.

 

Attorney Robert Mather was present.  He returned the green cards.

 

Selectman Wiksten commented that some Boards had not provided comments regarding the request.  He said the Board must insist that comments be sent back to the Board.

 

Mr. Healey suggested returning to the old policy of meeting with him if they had not responded by a certain date.

 

Attorney Mather told the Board that the property in question is located directly across from “The Chicken House”.  The request is for a WRPD Special Permit for a newly created lot of 136, 122 s.f., or about 3.2 acres.  The property is located in a regular General Use Zone, WRPD Z3.

 

Attorney Mather said the proposal is for a gas station, car wash, convenience store, Dunkin’ Donuts and a Subway.  Total underground storage will be 31,000 gallons.  He will return to the Board at a later date for a License for Storage of Flammable Liquids.

 

Attorney Mather said his client has obtained a special permit from the ZBA on April 8th.  He said they will return to the ZBA because of expansion of the building to accommodate a “Subway”.  The plans show 80’.  The building will be changed to 90’.

 

Attorney Mather noted that the property was previously used as a gas station. 

 

Mickey Higgins, Delta Realty, was present.  He specializes in building gas stations.  He went through the project in detail, noting that the out and inner walls of the storage containers will be wired with electronic monitors, wired to the local service station and the Fire Department.  The product lines are also double walled with a third layer of containment.

 

Attorney Mather noted that a piston detector will also be installed to sense a pressure differential in case the electronic monitoring system failed.  This is an added measure of security.

 

Mr. Higgins also explained that there will be overfill and overspill protection as required by the State and Federal Governments.  Minor amounts of trickle will be contained by a spill bucket.  This will also prevent overfilling.

 

Mr. Higgins told the Board that “grooves” are made in the area around the gas pumps.  If they fill to a certain volume of gas, and there is ignition, a fire suppression system will be directed at the grooves.  Attorney Mather said a major spill can be contained within this system.

 

Mr. Higgins said the drainage plan shows all underground storm water with two (2) infiltration systems.  Water from the store, canopy, and car wash, or “clean water”, will go to the infiltration system, through 12” pipes to a leaching field and recharged directly back into the ground.

 

Anything that comes in contact with the asphalt will go to catch basins, and then to a detention area, in 3’ pipes.  The entire length of these pipes can be contained.  There will be a gate valve that the employee can turn.  Mr. Higgins said, normally, this will seep to the infiltration system and discharge into the wetlands.

 

Attorney Mather also informed the Board that the applicant has agreed to replace the tanks in 30 years.  He said no other station in Middleborough has all these safety factors.

 

Selectwoman Brunelle noted that the applicant may not own the property in 30 years.

 

Attorney Mather said this would be on record at the Registry.

 

Fire Chief Silva also said this could be a stipulation of the License for Storage.

 

Selectman Wiksten said the applicant had provided a thorough presentation, and he supported the project as it is needed in South Middleborough.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the application filed by Robert J. Mather, as Agent for Delta Realty LLC, Meadowview Road, Groton, MA  01450, for a Special Permit under the Water Resource Protection District By-law, to allow underground fuel storage for an automotive gas station on 3.12 acres on Wareham Street, shown as Assessors Map 087 Lot 2313, zoned General Use X, W.R.P.D. “Z3”.  The Board further found that the project

a.       Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.       Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.     

Unanimous Vote.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

Selectwoman Brunelle told the Board the biggest concern regarding the difference between level-funded budgets and critical needs budgets was laying people off.  She said the Police Department anticipated laying off 5 personnel, including clerical and dispatch positions, the loss of the temporary dog officer, and a part-time custodian at the Town Hall.  The schools would lose 20 personnel.

 

Selectwoman Brunelle noted that the School Department is required to notify of any layoffs by June 14th.  She said she did not have a clear definition of what would happen if they were laid off at a future date.

 

Selectwoman Brunelle said the problem with providing lay off notices in June is that, should financial conditions change in September, a lot of those individuals will seek employment elsewhere.

 

Selectwoman Brunelle said the FinCom hasn’t made a final recommendation of which budgets they’ll support:  level funded or critical needs.  She said it appeared they’d recommend somewhere “in between”.

 

Discussion ensued on whether or not the Board should schedule a meeting for sometime next week to discuss the budget and the articles, as Monday is a holiday.  The Board wasn’t able to come up with a time in which they would have a quorum.

 

Selectman Wiksten suggested any major spending articles be tabled until September.  He said this is also the recommendation of the Capital Planning Committee.

 

Mr. Healey noted the Capital Planning Committee has not met since last year.

 

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

            VOTED:  To table any new capital budget and money articles until the Fall.

            Unanimous Vote.

 

Selectwoman Brunelle noted this did not include the articles that will be funded through the Water and Wastewater Revenues.

 

Selectman Andrews suggested that some of the articles should be prioritized, such as the leaking roof at the High School.

 

Selectwoman Brunelle said she hoped the $1.8 million would be freed up for the Fall, and it could then be taken care of immediately.  She said she did not disagree that there are critical needs as far as buildings are concerned. 

 

Chairman Perkins said the Board is only asking to wait three (3) months to see if the Town has the money to spend.  He said if the Board “took a gamble”, and the money isn’t there in the Fall, there will be twice the number of people laid off.

 

Discussion ensued on what would happen within the School Department Budget.

 

Chairman Perkins said, if the School Department Budget is funded, and the money falls through, ½ of the General Government people will be sent home.

 

Chairman Perkins noted that there could be consideration to privatize a number of services.

 

Request to Appoint Special Police Officer – Police Chief

 

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

VOTED:  To appoint Steven Morrell to fill one of the three Police Officer positions currently vacant, effective June 7, 2004.

            Unanimous Vote.

 

Request to Reappoint Special Police Officers – Police Chief

 

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

VOTED:  To appoint the following individuals as Auxiliary and/or Special Officers for the 2004 appointment year:

Special & Auxiliary Officers

 

Spc. Roger Bryant

Spc. George Andrade, Jr.

 

Special Non-Qualified Police Officers

 

Spc. Ray Delano             Spc. Louis Mattie                 Spc. Alfred Mackiewicz

Spc. Robert Whitaker                      Spc. Peter Sgro                   

 

Auxiliary Officers

 

Aux. Frank Sampson

Aux. David Wood

 

Unanimous Vote.


 

OLD BUSINESS

 

Update on Eagles Club

 

Mr. Healey told the Board that the owner of the building has entered into a P&S with Jericho Christian Fellowship for the sale of a 2-story office building.  He has plans to demolish the building once the permit is secured.  He also has to apply to DEP.

 

Selectman Bond asked if there was any plan to secure the roof.

 

Mr. Healey said there wasn’t because it will be torn down.  He said if this doesn’t happen, the Board could do something in the interim.

 

Update on Class II License – 581 Wareham Street

 

Brenda Hubbard and Ralph Hunt were present.  They had applied for a Class II Permit in February.

 

Chairman Perkins noted that the hearing had been continued until the property was brought into compliance with what was needed from the Building and Health Departments.  This has not been completed.

 

Mr. Healey said concerns previously address in an April 14th letter from the Health Officer have not changed.

 

Chairman Perkins read a report from the Building Inspector.  His concerns included several unregistered vehicles that remain on the property, which he has been told are there to be repaired.  He said piles of rubbish and debris and several chemical containers have been cleaned up.  The existing bathroom may need to be upgraded dependent upon the number of employees on site.

 

Mr. Healey said the principle remaining problem with the Health Officer is the restroom.

 

Ms. Hubbard said she is not renting the repair shop.  This is an existing business of Mr. Hunt, and the paint booth is part of that.  The office space has a unisex bathroom.  She said the unregistered vehicles are not on the portion of the property that she is renting.  She said auto parts and tires are gone. 

 

Ms. Hubbard said she didn’t understand why Title V is required, as the property hasn’t exchanged hands.  She also presented pictures of the bathroom which showed repairs that had been done.

 

Ms. Hubbard said she would not expend any more money until the license was approved.

 

Selectman Wiksten said he was not inclined to approve the license at this time, because he didn’t know “who’s in charge of what”.  He noted that Mr. Hunt had previously said the motor homes would be removed as soon as the engine was taken out and put into the other.

 

Mr. Healey thanked the applicant for the progress they’ve made thus far.  He said clearly things have been cleaned up.  He said the Health Officer is still looking for Title V verification of the accuracy of the system. He also suggested that the applicant clarify the intended uses in the facility and by whom, in writing.

 

Ms. Hubbard said she could do this.

 

Mr. Healey suggested the Building and Health Inspectors could then be contacted for a final inspection.

 

Selectman Andrews also suggested that there be some form of a legal document that shows the applicant has entered into a business agreement.

 

Chairman Perkins tentatively continued the hearing until June 14th, depending on whether or not the Town Meeting is not completed on June 7th.

 

TOWN MANAGER’S REPORT

 

v     Mr. Healey told the Board that the Town has received a stipulated Penalty Demand Notice from DEP in regards to littering at the Landfill.  This is a violation of the Administrative Consent Order, and results in a $500 fine which must be paid within 10 days.

 

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

VOTED:  To authorize Mr. Healey to meet with the Treasurer and arrange for payment of a $500 fine from the DEP.

      Unanimous Vote.

 

v     Mr. Healey informed the Board that Marjorie Judd has been inducted into the Library Hall of Fame.

 

v     Mr. Healey told the Board that some ’04 and ’05 MassHighway projects will not go forward on time, the Town could move up the Rte. 28/105 configuration and signals to ’04 or ’05 and argue for a change order on the Route 44 repaving to widen the shoulders and install jersey barriers.

 

v     Mr. Healey gave the Board a copy of the Community Development Plan which was prepared with input from Ruth Geoffroy, Bruce Arons, and himself, by Larry Koff and Associates.

 

The document must be presented to SRPEDD by June 16th.  He suggested that he be allowed to forward the document after any comments are received.

 

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

VOTED:  To allow the Town Manager to forward the Community Development Plan to SRPEDD, after receiving any comments, no later than Friday of this week.

      Unanimous Vote.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $23.14 and $23.11, totaling $46.25.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by ADT Security Services in the amounts of $109.11 and $218.21, totaling $327.32.

            Unanimous Vote.

 

OTHER

 

Discussion of Support of Warrant Articles

 

The Board will review the Articles at a meeting prior to Town Meeting scheduled for 5:30 PM.

 

CORRESPONDENCE

 

ü      Mr. Healey was asked to review a parcel of land that is being proposed as a donation to the Town.

 

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

VOTED:  To enter into Executive Session at 10:55 PM to discuss Contract Negotiations, not to return to Open Session.

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

            VOTE 4 – 0

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN