SELECTMEN’S MEETING

NOVEMBER 18, 2002

 

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

Selectman Rogers, Selectwoman Brunelle, and Selectman Eayrs 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 Executive Minutes of October 28, 2002.

Unanimous Vote.

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

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

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of November 4, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request to Transfer Wine & Malt Package Store License – B&C Convenience Store, Inc.

Chairman Perkins read the following: "A hearing will be held by the Board of Selectmen on Monday, November 18, 2002, at 7:05 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 B & C Convenience Store, Inc., 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." Chairman Perkins opened the hearing.

Attorney Jane Sullivan was present to represent the applicants. She said the business would be run as it currently is.

Chairman Perkins read a letter from Chief Russell stating that he saw no reason for Michelle Quigley not to be named as Manager.

Selectwoman Brunelle asked if all State and Federal taxes have been paid. Mr. Griswold said they have.

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 B & C Convenience Store, Inc., 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.

Public Hearing – Sunday Openings for Package Stores

Chairman Perkins read the following: "The Board of Selectmen will hold a public hearing on Monday, November 18, 2002, at 7:15 PM, in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing whether or not to issue Sunday liquor licenses for package stores in the Town of Middleborough, for the Sunday before Thanksgiving and each Sunday thereafter until New Year’s Day. Anyone interested in being heard on this matter should appear at the time and place designated." Chairman Perkins opened the hearing.

Selectwoman Brunelle noted that this is typically done every year. Chairman Perkins agreed, noting that business people in Middleborough would be at a disadvantage if the Board did not approve this.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve Sunday liquor licenses for package stores in the Town of Middleborough, for the Sunday before Thanksgiving and each Sunday thereafter until New Year’s Day, subject to the following conditions:

    1. Stores may not open before noon.
    2. Stores may not open on December 25.
    3. Stores must close no later than 11:00 PM (11:30 if the following day is a Monday holiday).
    4. Employees must be paid at a rate not less than one and one half times the employee’s regular rate.
    5. No employee shall be required to work, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, deduction of hours, or any other penalty.

Unanimous Vote.

Meeting – Approve Affordable Housing Policy Statement

Mr. Healey introduced Darrin Degrazia and Neil Rosenthal, members of the Affordable Housing Committee. He also thanked other members who served on the Committee, including Linda Vintro, Ed Medeiros, Jon White, Bruce Atwood, Dave Maddigan and Paul Colarusso.

Mr. Healey told the Board that the Committee had met on October 2nd and voted to approve the Policy Statement. The ZBA also approve the Statement at their meeting last Thursday. He asked for the Board’s approval so that the Committee can get back to work on the Housing Plan. Mr. Healey told the Board that there are new regulations regarding tracking.

Selectwoman Brunelle asked what major changes have been made.

Mr. Healey explained that the target area has been changed, at the request of the Town Planner, to stay away from the Nemasket River. Other changes included identifying the maximum density of 5,000 square feet per multi-family unit (four times the underlying single-family zoning of 20,000 square feet) where town water and sewer serve the site. Where town water serves the site, but no town sewer, Title V septic system requirements will determine the density, not to exceed three units per acre.

Items 2 through 7 of the Statement are zoning changes. Zoning proposals should be developed to be addressed at Town Meeting. There was also a change made concerning "estate lots". The size of these lots will be addressed in discussion as the zoning bylaw is developed.

Another proposed zoning change regards in-law apartments. The proposal is to allow one in-law/accessory apartment in single family owner occupied homes by Special Permit, provided that it will be deed restricted as an affordable unit. Amnesty will be provided for existing units that meet all code requirements and are deed restricted as "affordable".

Mobile Home Park owners will be asked to consider establishing a policy of inclusion of "affordable" units in their parks. A new bylaw will be drafted to include a provision for ten percent of future units to be deed restricted as "affordable".

Discussion ensued regarding estate lots. Selectman Rogers asked why the language should not require 10 acres or more. Mr. Degrazia said this may be done, but more detail needs to be put into this.

Mr. Rosenthal noted that Town Meeting had defeated the suggestion of four (4) acres. He thought this may be perceived differently now.

Selectman Rogers asked why 5,000 square feet is being used for the maximum density, and not a "range".

Mr. Rosenthal explained that Falmouth has used 5,000 square feet and it has worked fairly well. He said it would not make sense to give people "false hope" of more density than that.

Mr. Healey said the ZBA will review density on a site by site basis. Traffic considerations could modify this.

Mr. Healey told the Board that the State has changed the requirements for 40B from 2% per year to ¾ of 1%. The new regulations will go back six (6) months.

Mr. Healey also told the Board that "group homes" not regulated by our zoning will count as affordable units. This will be calculated by the number of individuals served, not by the homes.

Selectman Rogers asked if there was funding available for hiring someone to write the policies. Mr. Healey explained that a lot of the policies can be obtained from other towns, and revised for Middleborough.

Chairman Perkins thanked the Committee for the time and effort put into the drafting of this Statement.

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

VOTED: To approve the Affordable Housing Statement as presented.

Unanimous Vote.

NEW BUSINESS

Request to Appoint Agricultural Commission Members

Chairman Perkins read the following article which was passed at the September 23rd Town Meeting:

To see if the Town will vote to establish an Agricultural Commission to represent the Middleborough Farming Community. Said Commission shall serve as facilitators for encouraging the pursuit of agriculture in Middleborough, and shall promote agricultural-based economic opportunities in the Town. The Commission will consist of seven members who may or may not be Town residents, appointed by the Board of Selectmen. The Commission will consist of a minimum of four members who are primarily engaged in farming and another three members who are interested in farming. The term of office held will be as follows: three members for a term of three years, two members for a term of two years, and three thereafter, and two members for a one-year term, and three years thereafter. Up to five alternates may also be appointed by the Board of Selectmen, each for one-year terms. The appointing authority shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycle of appointments.

Iain Ward, a member of the Agricultural Commission Steering Committee, was present. He told the Board that the Steering Committee has made recommendations for appointments. The four (4) members primarily engaged in farmed should be: John Steill, Larry Harju, Art Standish, and "Butch" Bell. The remaining three (3) members should be: Dawn Gates-Allen, Derek Maksy, and Darlene Anastas. Mr. Ward explained that these people are all directly involved in farming. The remaining applicants, including himself, should be named as alternates.

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

VOTED: To appoint the following individuals as members of the Agricultural Commission:

Francis Bell 3 year term

John Steill 3 year term

Dawn Gates-Allen 3 year term

Arthur Standish 2 year term

Derek Maksy 2 year term

Lawrence Harju 1 year term

Darlene Anastas 1 year term

Iain Ward Alternate

Michael Scott Alternate

Douglas Kirk Alternate

Unanimous Vote.

Approve 2:00 AM Liquor Licenses for New Year’s Eve

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

VOTED: To approve 2:00 AM Liquor License for New Year’s Eve for those establishments who wish to have one.

Unanimous Vote.

Request to Reconsider Street Name – "Sotera Way" – Town Planner

The Board received correspondence from Ruth Geoffroy asking that they reconsider the name ‘Sotera Way’. She explained that the Planning Department has continued discussions with Edward Parks of Miller Street regarding the purchase of the development rights to his land through the State’s Aquifer Land Acquisition (ALA) Program. A condition of the P&S would be to change the name of ‘Sotera Way’ back to Gibb’s Place or a name closely related such as "Pelham Gibb’s Place".

Mr. Healey explained that a new subdivision is being proposed, which would eliminate #74 Sotera Way. One house would remain. He also explained that Holly Tree Lane is going to be renumbered because the numbers were reversed. As a result, the Sotera household would be #1 Holly Tree Lane. This would eliminate the street sign on Gibbs Place.

Mr. Healey read a letter from Sylvia Hufnagel, E911 Database Coordinator. He and Ruth Geoffroy had met with her. She is in agreement with the proposal.

Chairman Perkins asked when the subdivision would begin. Mr. Healey said it was before the Planning Board at this time.

Jane Lopes noted that the Historical Commission would have to be notified before #74 was demolished.

Mr. Healey said he apologized to the residents of Holly Tree Lane for the inconvenience of the renumbering, but noted that the change is necessary to meet the standards of the 911 requirements.

Chairman Perkins suggested Mr. Healey send a letter to the residents of Holly Tree Lane explaining the situation.

Selectwoman Brunelle asked if there was a guarantee that no homes would be constructed on what is now known as "Sotera Way". Mr. Healey said this could be arranged. Selectwoman Brunelle said she worried that Ms. Hufnagel was making comments based on assumptions.

Selectman Eayrs did not feel this was necessary. He felt the Board should move on.

Mr. Healey noted the change would not be in effect until the demolition of #74 Sotera Way.

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

VOTED: To authorize the change in name from ‘Sotera Way’ to ‘Gibbs’ Place’ in concert with the demolition of #74 Sotera Way and the renumbering of Holly Tree Lane.

Unanimous Vote.

Request for Appointment to Athletic Playing Fields Committee

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

VOTED: To appoint Kerry Michel to the Athletic Playing Fields Committee.

Unanimous Vote.

Request to Approve Trust Bonds – Treasurer/Collector

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

VOTED: To approve and sign the Trust bonds from the Massachusetts Water Pollution Abatement Trust.

Unanimous Vote.

Request for Exemption of Interest – Cultural Council Members

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

VOTED: To approve the Exemption of Interest of the following Cultural Council Members:

 

Council Member Applicant’s Name Amount

Derel Lee Twombley Eric Lindgren $1,200.

Marianna Abren Friends of the Library $2,000.

Unanimous Vote.

Recognition of Kramer Park Sponsors

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

VOTED: To authorize the Chairman to sign Certificates of Appreciation for the following sponsors of Kramer Park:

Allen & Major Associates, Inc.

Brockton Credit Union

Brookfield Engineering Laboratories, Inc.

Campanelli Companies

Colonial Maintenance Contractors, Inc.

Costello Dismantling Company, Inc.

Debbie Blais Real Estate, Inc.

Kahians Carpet One of Middleborough

Oak Point Associates

Plymouth Savings Bank

Unanimous Vote.

Request to Approve & Sign Liability Release – Washburn Mill Property

Mr. Healey told the Board that Dan Costello, of Costello Dismantling, has asked to work on the grail mill and freight house roofs to limit further deterioration of the interior structure of the buildings. As a result, the Board is being asked to sign a License and Indemnification Agreement between the Town and Costello Dismantling.

Selectwoman Brunelle noted that the next Town Meeting will be asked to finalize a parcel to be transferred to Mr. Costello. She asked if the previous License Indemnification Agreement had a clause in that said "any monies spent would not be reimbursable".

Discussion ensued. Selectman Eayrs noted that paragraph two (2) says "…at its sole expense….". Selectwoman Brunelle said she wanted to make it clear that the Town would not make any reimbursement.

Mr. Healey said he would get clarification from Town Counsel. Chairman Perkins suggested the Board sign the agreement as presented tonight, and sign an addendum at a future time, if necessary.

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

VOTED: To approve and sign a License and Indemnification Agreement between the Town and Costello Dismantling.

Unanimous Vote.

Request to Approve Ocean Spray T.I.F.

Mr. Healey told the Board that Ocean Spray has revealed the mystery product as "Craisins". He explained that they are in need of additional facilities and are looking at three (3) different locations.

The T.I.F. would provide 100% exemption on work in the existing building. In exchange, the company would provide the Town with $10,000 per year over five (5) years for engineering and construction improvements to the Nemasket Interceptor. Forty (40) additional people will be hired, and additional water and sewer would be used.

Chairman Perkins said he was in favor of bringing this before Town Meeting.

Selectwoman Brunelle said she was concerned with the 100% exemption of 20 years. She noted the investment in the Nemasket Interceptor was something they would also utilize.

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

VOTED: To approve the Ocean Spray T.I.F. application and put it on the next Town Meeting Warrant with their recommendation for approval.

VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

Appointment of Assawompset Pond Complex Members Management Team

The Board received applicants from Joe Freitas and Bob Orkin. Selectman Rogers explained that only one (1) applicant could be appointed to represent the Town. He noted the meetings would be open and anyone can give input.

Selectman Eayrs noted that both applicants were well qualified.

Robert Lessard spoke in favor of Joe Freitas, who was not present. He explained that Mr. Freitas has lived in that neighborhood his entire life, and would be an asset in representing Middleboro.

Chairman Perkins said he knows both individuals, but would support Joe Freitas for the purpose that this is being put together.

Selectman Eayrs made a motion to appoint Robert Orkin. There was no second.

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

VOTED: To appoint Joe Freitas as Middleborough’s representative on the Assawompset Pond Complex Members Management Team.

VOTE 3 – 0 – 1 (Selectman Rogers abstained)

Selectwoman Brunelle noted that she approved the appointment based on the previous stated reasons.

OLD BUSINESS

There was no ‘Old Business’ to discuss tonight.

TOWN MANAGER’S REPORT

VOTED: To allow Plympton Sand & Gravel to do machine work on site, for property located on Short Street, under Earth Removal Permit #02-1, not to remove material from the site, on Saturdays from 8:00 AM to 4:00 PM.

Unanimous Vote.

Selectman Rogers noted that the Capital Planning Committee had made this recommendation.

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

VOTED: To authorize the Town Manager to approach the Peirce Trustees for $30,000 for the preparation of a "Master Plan" for recreational facilities.

Unanimous Vote.

VOTED: To authorize Selectman Wiksten and Selectman Rogers to work with the Town Manager to negotiation with New England Organics.

Unanimous Vote.

VOTED: To authorize Selectman Wiksten to work with the Town Manager and the School Department on transportation negotiations.

Unanimous Vote.

Selectwoman Brunelle asked if the transportation contracts included side trips, or field trips. Mr. Healey said he believed they did. Selectwoman Brunelle suggested these be excluded from the negotiations.

VOTED: To appoint Selectman Eayrs as the Board’s representative to work with the State negotiating the Conservation Restriction on the Park’s property.

Unanimous Vote.

 

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by Hathaway Publishing in the amounts of $795.50 and $757.75, totaling $1,553.25.

Unanimous Vote.

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

VOTED: To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $40.03, $87.41, and $39.31, totaling $166.75.

Unanimous Vote.

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

VOTED: To pay the bills submitted by SEMASS Partnership in the amount of $11,973.62.

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. in the amount of 862.50.

Unanimous Vote.

OTHER

Discussion of Water Issues: Premium Water Rates; Water Liens; Two (2) Policy Issues (Fines & Information to Board); Finalized Project Plan for Water Systems Improvement

At the request of Selectman Wiksten, Selectman Rogers asked the Board to delay the discussion on policies tonight until he could be present. Selectman Rogers suggested they address the Project Plan.

Selectwoman Brunelle suggested waiting to do all of the issues at the same time with a full Board.

Selectwoman Brunelle asked Richard Tinkham is he had reviewed all current regulations and policies. Mr. Tinkham said there are changes in operating regulations that will be submitted after the policies have been discussed.

Mr. Healey said recommendations for additional rate suggestions will also be presented.

Mr. Healey told the Board that there are two (2) requests pending for water for Out-of-Town residents. He noted that the recommendation before the Board is to charge 20% over existing water rates for non-residents. He asked if the Board could address this tonight, so that the requests could be taken up at the next meeting.

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

VOTED: The water rates for all customers outside the municipal boundaries of the Town of Middleborough, existing contracts or agreements withstanding, shall be twenty percent (20%) over the existing water rates.

Unanimous Vote.

The Board will discuss the remaining issues in two (2) weeks.

Resident David Mackiewicz asked that the Board keep an "open mind" regarding the expansion of water for residents. He said he has not seen a policy on the expansion of the in-Town system.

Chairman Perkins said this has been a focus of discussion for a long time. Selling to non-residents before residents have the water is not fair. That is why the premium rates will be charged.

Mr. Healey said the Board has allowed for extensions of the water system at the expense of developers. He said the Town has not extended the water in-Town because of the expense.

Selectman Eayrs noted that the water resources are finite, and potential for expansion in neighboring towns is limited. He said he is not opposed to in-Town expansion.

 

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

VOTED: To enter into Executive Session at 8:40 PM for the purpose of hearing a grievance and litigation, to return to Open Session.

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

VOTE 4 – 0

 

-----RECONVENE TO OPEN SESSION-----

Budgets

Selectwoman Brunelle asked for the Town Clerk & Accountant to provide local receipts to the Board on a monthly basis, with a comparison to the same time last year. She asked that this be done back to July.

Chairman Perkins also suggested an annual projection be noted.

Selectwoman Brunelle also suggested the Health Officer do the same with her monthly receipts.

Response from Superintendent of Schools

Mr. Healey told the Board he had received a response from Denise Walsh regarding his letter to her regarding "Budget Matters and the Override Question". Supt. Walsh has suggested an "Economic Summit" between Mr. Healey, the Selectmen, Finance Committee, and the School Department. She has suggested a Saturday morning ‘breakfast’ at the Nichols Middle School.

Chairman Perkins said this was a good idea. He asked Mr. Healey to set this up in the near future.

Mr. Healey also told the Board that he has requested Department Heads to submit the biggest budget number – Personal Services – to him by the first week in December. He said it would be helpful to have this number for the meeting.

Discussion ensued on the "doom and gloom" anticipated each year. Chairman Perkins said that he Town needs to plan for the worst.

Mr. Healey also told the Board he is planning on putting a "For Sale" sign on the Rte. 28 property.

Byrne Sand & Gravel Order of Conditions

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

VOTED: To add a sentence to Condition #9 stating that undesired material may be removed and screened at the Wood Street facility and may then be returned to the site.

Unanimous Vote.

CORRESPONDENCE

Mr. Healey said he believed this was wetland property located behind the Lobster Shack at the rotary. Chairman Perkins asked that he research this so that the Board may respond.

VOTED: To authorize the Town Manager to respond to MassHousing regarding ‘Cranberry Village Condominiums’.

Unanimous Vote.

 

 

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

VOTED: To adjourn at 9:52 PM.

Unanimous Vote.

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN