SELECTMEN’S MEETING

NOVEMBER 22, 2004

 

 

Chairman Perkins called the meeting to order at 7:04 PM.

 

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

 

 

SELECTMEN’S MINUTES

 

Selectman Andrews made one (1) correction to the Minutes of November 15, 2004.

 

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

            VOTED:  To approve the Minutes of November 22, 2004 as amended.

Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Set Order of Conditions for Earth Removal Permit – Tispaquin Realty Corp.

 

Selectman Wiksten reminded the Board the Permit was approved for two (2) years with a possible extension of one (1) year.  He said he had reviewed the previous conditions that had been placed on the property under Korpinen, and they would apply for the current Permit.  He asked if the Board wished to add language for the Restrictive Covenant.

 

Selectman Wiksten asked if signs were still being required to be placed on the trucks.

 

Mr. Healey said that condition came about because complaints about trucks could not be traced to the proper project.

 

Selectman Wiksten said he agreed with the signage only if independent trucks are being used.

 

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

VOTED:  To amend the condition requiring signage to only be necessary if non-company trucks are being used.

            VOTE 4- 0 – 1 (Selectman Bond abstained)

 

Selectman Bond reminded the Board that he had abstained from previous discussions regarding this Earth Removal.

 

Selectman Wiksten asked about the proposed truck route.

 

.Mr. Healey said it had been agreed to use one direction for going in and the other for leaving.

 

Selectman Wiksten asked if the neighboring Earth Removal Permit holder had been approached to see if they would agree to the proposed routes.

 

Mr. Healey said he would speak to Mr. Beaton.  He said the proposed route would enter from Rocky Meadow, and exit from Tispaquin to Plymouth Streets.

 

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

            VOTED:  To add the Restrictive Covenant language.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)

 

Selectman Wiksten noted that the language had not been intended to be automatically put into every Order of Conditions.

 

Bill Byrne, Byrne Sand & Gravel, asked if signage would be required if he hired a truck for one or two days.

 

Chairman Perkins said the rule is that the trucks are supposed to be marked, even for a days work.

 

Selectwoman Brunelle said the modification that was made will address most of the issues.

 

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

            VOTED:  To accept the Order of Conditions as modified.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)

 

Meeting with Veterans’ Agent – RE:  Veterans’ Memorial

 

This meeting was cancelled at the request of Paul Provencher.

 

Selectwoman Brunelle asked if the loam and sod being removed from the front lawn of the Town Hall could be utilized somewhere else through the town.

 

Mr. Healey said this was okay.

 

Meeting with Loren Decker, Director – Jairus Agency; & Tracy Desovich & Diane Rannahan, Healthcare of Southeastern Mass, Inc. – RE:  Strengthening Families Grant

 

Loren Decker, Director of the Jairus Agency, met with the Board, along with Tracy Desovich and Diane Rannahan from Healthcare of Southeastern Mass., Inc., to discuss a grant award.

 

Mr. Decker explained that the Jairus Agency was founded in 2001, and is an agency to help at-risk teens through a program that connects them with meaningful volunteer jobs.  He said, since 2001, the Jairus Agency has handled nearly 200 referrals from probation officers and the District Attorney’s office.

 

Mr. Decker told the Board that a grant award in the amount of $50,000 has been offered to the Jairus Agency through the Title V Program of the Executive Office of Public Safety, to operate a comprehensive parenting program that will benefit Middleborough’s families.

 

Mr. Decker explained that the Board was being asked to accept the grant award, and authorize the Chairman to sign all related grant documents on behalf of the Town.

 

Ms. Desovich explained that when the federal money is passed through the State, the Town will establish a separate ledger account to receive the funds and to disperse payments.  The Town is the grantee; the Jairus Agency is the sub-grantee.  The Jairus Agency will run the Strengthening Families Program, and has secured the services of Health Care of Massachusetts to oversee the administrative aspects associated with the distribution of the funds and the general accounting work.  They will make all payments to staff and vendors from their own funds and prepare all documents needed to request reimbursement of payments made under the grant.  The Town will receive $300 in grant funding to cover the costs associates with establishing the separate ledger account and preparing payments to Health Care in grant reimbursements.

 

Selectwoman Brunelle asked if the Town was required to sign off on the application.

 

Mr. Decker said no, it was applied for by a local agency working within the town.

 

Selectwoman Brunelle suggested any future grant applications be sent to the Board as notification.

 

Selectwoman Brunelle asked if it is a one-time funding.

 

Mr. Decker said it is renewable after the first year, for up to three (3) years.

 

Selectwoman Brunelle asked if there was any financial commitment on the part of the Town, such as “matches”.

 

Ms. Rannahan explained that the “match” is mostly going to be offered as in-kind services through the Jairus Agency, in the form of time, space, phone access, and computer access, adding up to $25,000.

 

Selectwoman Brunelle asked if the program “falls apart” in 6 months, would there be a requirement for repayment of the grant.

 

Ms. Desovich explained that services are rendered before money is paid.  The personnel would not be employees of the Town.

 

Selectwoman Brunelle asked if there was a requirement not to be discriminatory, and to provide handicapped access.

 

Mr. Decker said yes.

 

Selectwoman Brunelle asked for “Attachment D” which shows the overall budget.

 

Selectwoman Brunelle asked if the funds would only be used for the proposed program.

 

Mr. Decker said there is a clause that says federal monies will not be used to pay for something that is already allocated.  The monies are not to be used to “relieve pressure” for funds already being paid out on the Town level.

 

Selectwoman Brunelle asked who would sign the vouchers.

 

Mr. Decker said the Chairman.

 

Selectwoman Brunelle asked if Town Counsel had reviewed the proposal.

 

Chairman Perkins said it was a strict federal reimbursement grant.

 

Mr. Healey said the Treasurer had been consulted.

 

Selectman Bond asked what would happen at the end of the grant period.

 

Mr. Decker said he will strive to sustain other sources of funding to become self sufficient.

 

Chairman Perkins asked if there was any idea how many people would be part of the program.

 

Ms. Desovich said there has been a lot of interest in people being trained to lead the workshop.

 

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

            VOTED:  To accept the $50,000 grant.

            Unanimous Vote.

 

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

VOTED:  To authorize the Chairman to sign the Memorandum of Agreement and all grant documents.

            Unanimous Vote.

 

Selectman Bond asked that a copy of the budget be attached to the completed package on file.

 

NEW BUSINESS

 

Request to Exempt Members – Local Cultural Council

 

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

VOTED:  To approve a Local Cultural Council Member Disclosure Form for DerelLee Twombley.

            Unanimous Vote.

 

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

VOTED:  To approve a Local Cultural Council Member Disclosure Form for Maryanna Abren.

            Unanimous Vote.

 

Request to Carry-over Vacation Time – Fire Chief

 

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

Board

VOTED:  To approve the request of the Fire Chief to carry over 10 vacation days to the next calendar year.

            VOTE 3 – 0 – 1 (Selectman Wiksten abstained)

 

Request to Place Yield Sign – Highway Superintendent

 

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

VOTED:  To approve the request of the Highway Superintendent to play a Yield Sign on Murdock Street at the intersection of Everett Street in the northbound direction.

            Unanimous Vote.

 

Request to Deduct Property Rent – Soule Homestead Education Center

 

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

VOTED:  To allow the Soule Homestead Education Center to deduct $420 from their property rent as reimbursement for a payment to Barnes Tree Service, Inc.

            Unanimous Vote.

 

Request to Operate on Sundays – Crossroads RV Center

 

The Board received a request from Crossroads RV Center to operate on Sundays from 10AM to 6PM.

 

Selectman Wiksten asked if any other licensees were allowed to operate prior to noon on Sundays.

 

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

VOTED:  To approve the request of Crossroads RV Center to operate on Sundays from 12:00 Noon to 6:00 PM, providing no other dealers are allowed to open prior to this.

            VOTE 4 – 1 (Selectman Andrews opposed)

 

Request to Extend Hours – Central Café

 

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

VOTED:  To approve the request made by Central Café to remain open until 2:00 AM on Wednesday, November 24, 2004.

Unanimous Vote.

 

Request to Amend Condition on WRPD Permit – ADH Contracting, Inc.

 

The Board received correspondence from Robert Rego, Prime Engineering, in regards to a WRPD Special Permit for ADH Contracting, Inc. on East Grove Street.

 

Mr. Rego said that two (2) conditions are contradictory to each other:

 

6.                  Floors will be bermed, leading to a permanent tight tank; and

11.              No floor drains

 

Mr. Rego questioned, if there are no floor drains, why would there be a need for a tight tank.

 

Selectman Wiksten said he believed both were put in place because the applicant had to apply for an exemption from floor drains. 

 

The Board will check with the Plumbing Inspector and address the request at their next meeting.

 

OLD BUSINESS

 

Vote on New England Organics Agreement

 

Chairman Perkins noted that a public hearing had been held last week, and was closed for the Board to take the matter of signing an agreement under advisement.

 

Selectman Wiksten said he did not know why the Board couldn’t hold signing the agreement until after the permitting process was completed.  He questioned why the Board would sign something that “may be used against us”.  He referred to the agreement being shown as the Board was in favor of the project, and would benefit the applicant in the permitting process.

 

Selectman Wiksten said he was not totally convinced that there was language that didn’t have to be changed.  He also noted that monies coming in would be a benefit to ratepayers to the sewage system, not the residents of Middleborough.

 

Mr. Healey said the tipping fees are paid to the Town of Middleborough.

 

Selectman Wiksten said it could be used as an offset, and referred to language that said “either/or”.  He said this should be clearly marked as to where it is going.

 

Selectman Wiksten said he was not sold on the facility, and felt that the Board would be endorsing the project by signing the agreement.

 

Selectwoman Brunelle said she disagreed.  She said she would rather see something in place now before the applicant goes through the permitting process.  She said if the Board waited, the applicant may not want to go forward with the agreement after the permits were in place.  She said the agreement would provide more protection now.

 

Selectman Wiksten said it did not say the Board had to enter into the agreement now.  He said he would like more discussion from the Planning Board and Conservation Commission.

 

Selectman Bond suggested language that would note that the Town was neither endorsing nor opposing the project by New England Organics by entering into the Host Agreement.

 

Selectman Wiksten suggested Town Counsel review the language.

 

Selectman Andrews noted that the applicant can develop the land, and the Board is trying to do what’s in the best interest.

 

Selectwoman Brunelle noted the process is extensive, having to go through MEPA and the DEP.  Extensive notification will be given to all abutters, and there will be public hearings and a comment process.  The WRPD Hearing would also have to go through the Board.  She said the agreement would provide protection.

 

Selectman Bond asked the abutters to continue to stay in the process.

 

Selectman Wiksten asked why the Board could not sign the agreement at a later date.  He also said he did not think the reimbursement was enough for the Town, and suggested the Town be given free tipping.  He suggested the applicants should get the necessary permits first and then sit with the Board.

 

Selectman Wiksten asked if the remaining Board members were happy with the wording of the agreement.

 

Selectwoman Brunelle said the Board was discussing the agreement to provide any proposed changes or amendments.

 

Selectman Wiksten said that would mean “going back to the negotiating table”.

 

Chairman Perkins said that is an option.

 

Selectman Andrews suggested making a motion to increase the tonnage rate.

 

Abutters of the facility presented a petition against the project.

 

Chairman Perkins said he had not made up his mind as to whether he was in favor of the project, but said the Board is here to do the best job to protect all residents of the town.  He did not believe signing the agreement was condoning the project.

 

The Board discussed tabling the request to take other considerations into account.

 

An abutter asked if there was anything in the Agreement that would allow the Town to shut down the plant if there is a problem with odor.

 

Mr. Healey said there is a reference, and by signing the agreement, the interests of the residents would be protected.  He said there is language for implementation of a complaint procedure.  If the agreement is not signed, the Town would not have that protection.  The only recourse would be to contact DEP.

                 

Chairman Perkins agreed noting, if the Board did not sign the agreement, its authority to handle complaints would be gone.

 

Mr. Healey noted that people who own the land can do what they want with it provided it falls into the correct zoning.

 

Selectman Wiksten asked if the applicant would be willing to arrange a trip to the Maine facility for any interested residents.

 

Jay Kilbourn said he would try to facilitate something.

 

John Corboy, 67 Colby Drive, asked what the residents would get from the agreement.  He asked if Town sewage would be brought down as far as Colby Drive.

 

The Board said it would not.

 

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

VOTED:  To finalize the agreement in three (3) weeks, December 13th, with any comments from the Board due no later than December 6th.

                  Unanimous Vote.

Selectman Bond noted that a decision should be in place no later than December 13th.

 

Request for Additional Vote for Water & Sewer Rates

 

Mr. Healey told the Board that last Monday’s vote covered the increase in Water and Wastewater Rates, but did not include the Water and Wastewater Charges and other matters such as Senior Citizen Discounts. 

 

Selectwoman Brunelle asked why there was no proposal to change the rates for fire protection.

 

Mr. Healey explained that this amount is insignificant.

 

The Water Superintendent told Selectwoman Brunelle that he would provide her with information on what size meters are used for replacements.

 

Selectwoman Brunelle asked what the surplus amount would be from the rate increases, after paying for anticipated projects.

 

Mr. Healey said less than $200,000.

 

Selectwoman Brunelle noted, that when the revenue funds were established, it was initially thought that the monies would be used to offset bonding.

 

Mr. Healey noted that $10 million in projects was not anticipated at that time.

 

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

VOTED:  To amend the Water and Wastewater Rates and Charges as follows, effective October 1, 2004:

 

TOWN OF MIDDLEBOROUGH

WATER RATES AND CHARGES (QUARTERLY)

EFFECTIVE OCTOBER 1, 2004

 

 

REVENUE TO BE COLLECTED               2005                2006                2007

                                                                  $2,794,221       $2,884,208      $3,135,400

 

Minimum Charge

Billed in advance to all metered customers, quarterly, includes 500 cubic feet of water

 

Meter Size                  Current                       10/1/04               10/1/05            10/1/06

 

5/8”                       18.03                           26.28               27.29               29.17

¾”                         24.22                           35.57               36.94               39.10

1”                          36.60                           54.13               56.24               59.13

1 ¼”                     52.71                            78.27               81.34               85.10

1 ½”                      67.57                         100.55             104.50             109.00

2”                        104.73                         156.25             162.40             169.01

3”                        203.81                         304.78             316.81             328.82

4”                        316.27                         471.88             490.53             508.01

6”                        624.91                         936.04             973.06          1,008.04

8”                     1,429.95                      1,493.04          1,552.10          1,607.34

 

An eligible Senior Citizen (age 65) will receive a reduction of:

 

                                           4.05                            4.35                  4.48                 4.62

           

Metered Water Charge

Excess water use above 500 cubic feet quarterly will be billed in arrears.

 

RATE PER CCF (Hundred Cubic Feet)

 

Water Rates                                       Current           10/1/04            10/1/05         10/1/06

 

First Step          5(01) to 25(00)           1.51                 1.92                 1.99                 2.30

Second Step    25(01) to 250(00)         2.33                 2.87                 2.98                 3.33

Third Step          Over 250(00) 3.57                 4.83                 5.00                 5.43

 

Fire Protection (Private)

Billed in advance on July 1 of each year for all sprinkler systems

 

Connection Size                                  Current           10/1/04            10/1/05         10/1/06

 

2” connection                                            84.00          no change

4” connection                                          264.00

6” connection                                          528.00

8” connection                                       1,214.00

10” connection                                     2,005.00

12” connection                                     3,217.75

 

Fire Hydrant Charge - $239.00 per hydrant

 


 

TOWN OF MIDDLEBOROUGH

SEWER RATES AND CHARGES (QUARTERLY)

EFFECTIVE OCTOBER 1, 2004

 

REVENUE TO BE COLLECTED                           2005                2006                2007

                                                                             $1,562,494       $1,617,965      $1,675,871

 

Minimum Charge

Billed in advance to all metered customers, quarterly, includes 500 cubic feet of wastewater:

                                                                

Meter Size                  Current                       10/1/04               10/1/05            10/1/06

 

5/8”                       17.78                         19.50                 20.15               20.83

¾”                         21.10                         23.17                 23.93               24.73

1”                          27.76                         30.51                 31.50               32.52

1 ¼”                      36.42                         40.06                 41.33               42.65

1 ½”                      44.41                         48.87                 50.41                51.99

2”                          64.38                         70.90                 73.10                75.37

3”                        117.65                       129.65               133.61              137.69

4”                        177.56                       195.74               201.68               207.81

6”                        344.00                       379.33               390.78               402.58

8”                        776.76                       855.99               882.52               908.21

 

An eligible Senior Citizen (age 65) will receive a reduction of:

 

                                          6.27                            6.74                  6.95                   7.16

 

Metered Sewer Charge

Excess sewer use above 500 cubic feet quarterly will be billed in arrears.

 

Sewer Rates                                       Current           10/1/04            10/1/05        10/1/06

 

First Step        5(01) to 25(00)             1.24                 1.67                 1.73                 1.80

Second Step 25(01) to 250(00)            1.89                 2.77                 2.88                 3.00

Third Step         Over 250(00)              2.85                 4.64                 4.83                 5.04    

 

Rates are for normal strength wastewater where the BOD and or TSS does not exceed 250 mg/L.  Wastewater with high loadings of BOD and or TSS will be surcharged.

 

Septage, Middleborough Origin

 

Billed in arrears to septage haulers at $50.00 per 1,000 gallons minimum charge.  Additional septage billed at $5.00 per 100 gallons.

 

 

Septage, Lakeville Origin

 

Billed in arrears to septage haulers at $100.00 per 1,000 gallons minimum charge.  Additional septage billed at $10.00 per 100 gallons.  Effective rate $0.10/gallon.

 

Gate Charge

 

Septage received outside normal discharge hours is charged an additional $75.00 per load to off set callback costs.

 

Grease Trap Contents

 

Billed in arrears to haulers at $100.00 per 1,000 gallons minimum charge.  Additional grease billed at $0.10 per gallon.

 

Unanimous Vote.

 

Set Date for Collaborative Leadership Group Meeting

 

Selectwoman Brunelle, the representative of the Board to the Collaborative Leadership Group, told the Board that the group was running behind schedule.  She said preliminary discussions should happen to discuss local receipts, the structural deficit, and possibly talking to the DOR to address these issues.

 

Selectwoman Brunelle suggested the Group get together initially without the DOR to “see where we are”.  She suggested limiting the first meeting to preliminary discussions to give direction to department heads for budgets for next year.  She said this should be done fairly quickly.

 

Selectwoman Brunelle asked requested that the Town Accountant give the preliminary local receipts, and develop a quasi balance sheet showing revenue/expenditure protection.  She also suggested a balance sheet be prepared that will “take some pressure of Jack”, with back-up documentation for the Group.

 

Selectwoman Brunelle suggested scheduling a meeting during the week of December 12th.

 

The Board’s Secretary will send an email to group members to comment on their availability.

 

TOWN MANAGER’S REPORT

 

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

VOTED:  To allow the Town Manager to carry-over 9 ½ vacation days to the next calendar year.

                  Unanimous Vote.

 

·        Mr. Healey sent a letter to Outback Engineering regarding unfinished paperwork in regards to the Carver Intermunicipal Agreements.

 

Chairman Perkins suggested, if no response was made, that he and Selectwoman Brunelle contact the Carver Board to follow up.

 

·        Mr. Healey told the Board that he has not had success in negotiating with Attorney Carlton Lees in regards to Edgeway.  Town Counsel will bring the matter to court.

 

OTHER

 

v     Selectman Bond told the Board that he had spoken to Norman Sherman in regards to 4 Lovell Street.  Debris identified as trash has been removed, and the building has been secured.  The plan is to totally clear the site in the future.

 

Mr. Sherman plans to do more exterior work, and remove debris from inside prior to scheduling an inspection by the Building, Health, and Fire Departments.  This will be done shortly.

 

Selectman Bond said Mr. Sherman has shown good faith, and has kept to his work.

 

v     Selectman Bond asked for a status report on the mileage vs. use issue with Town-owned vehicles.  Mr. Healey said he is working on it.

 

Selectman Wiksten said he had a sample policy for the Board to remove.  It will be put on the agenda in two (2) weeks for discussion.

 

v     Selectman Bond reminded Mr. Healey that he would like to see the comment file in regards to a grant that was denied by DHCD.

 

v     Selectman Andrews suggested scheduling a discussion regarding the search for a new Town Manager, and establishing a timeline.  He will provide a suggested timeline for next week’s packet, to be discussed on December 6th.  The matter will be discussed every two (2) weeks.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by ADT Security Systems in the amounts of $115.11 and $230.21, totaling $345.32.

                  Unanimous Vote.

 

CORRESPONDENCE

 

Ø      The Board was informed that Lt. Debra Burke had been awarded a Citation from the Department of Fire Services and the State Fire Marshall for her “tireless efforts and unselfish devotion to the cause of fire and life safety education”.

 

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

            VOTED:  To send a letter of congratulations to Lt. Burke.

            VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

 

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

VOTED:  To send a letter of thanks to the Middleborough Fire & Rescue Association and the Middleborough Permanent Firefighters, Local 3653, for their donation of a dive boat and trailer to the Middleborough Fire Department.

      Unanimous Vote.

 

Selectman Wiksten explained that the Fire & Rescue Association is a group of individuals who raise money to strengthen the Fire Department.  It started with the donation of the air boat in 1991.

 

Ø      Mr. Healey will get more information on a “Transportation Enhancement Activities Program” offered by SRPEDD.

 

 

 

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

VOTED:  To enter into Executive Session at 9:58 PM, not to return to Open Session, to discuss Litigation and Contract Negotiations.

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

                  VOTE 5 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN