SELECTMEN’S MEETING

NOVEMBER 8, 2004

 

 

Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.

 

Selectman Bond, Selectwoman Brunelle and Selectman Andrews were present.

 

SELECTMEN’S MINUTES

 

Selectman Andrews made a correction to the Minutes of November 1, 2004, concerning a disclosure he had made in a hearing for an Earth Removal Permit.

 

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

            VOTED:  To approve the Minutes of November 1, 2004 as amended.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of November 1, 2004.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing (cont.) – Request for Earth Removal Permit – Tispaquin Realty Corp.

 

Joseph Arruda, Tispaquin Realty Corp., was present.

 

Selectman Bond reminded the Board that he had abstained from this hearing.

 

Chairman Wiksten explained that the hearing had been continued so that the applicant could present a more detailed plan.

 

Mr. Arruda noted that he had submitted the plan, for Phase 1, along with a construction schedule.

 

Selectman Andrews noted that abutters had been concerned with the time table for the project.  He said that all work for Phase 1 will be done by late Spring, early Summer.  Phase 2 will start in mid-late Summer of 2005, and finish by picking season in the Fall of 2005.  After this time, the new dikes will be constructed.

 

Selectman Andrews also congratulated the applicant for being responsible and providing letters to the abutters, which included his cell phone number, should there be any problems with the project.

 

Barbara O’Brien, an abutter, asked about the trucking routes.

 

Chairman Wiksten said this would be included in the Order of Conditions that will be scheduled for a later date.

 

Mr. Healey said that the applicant and the neighbors had talked of the possibility of coming in one direction and leaving in another. 

 

Ms. O’Brien said there are also trucks from the Beaton Earth Removal project traveling on this section. 

 

Chairman Wiksten suggested that Mr. Healey could also speak to the contractor for that project to coordinate a traffic route to help things move in an orderly way.

 

Chairman Wiksten noted that this approval is for Phase 1, which would be approximately 20,000 cubic yards of material.

 

Hearing no further comments, Chairman Wiksten closed the hearing.

 

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

VOTED:  To approve the application filed by Tispaquin Realty Corp., 1453 Plymouth Street, Bridgewater, MA  02324, for a 2-year, 2-phased Earth Removal Permit for property located on Tispaquin Street, Middleborough, MA, Assessors Map 044 Lot 6355 & Map 053 Lots 4676, 4784, & 5495, for the construction of tail water recovery ponds for existing agricultural activities.  (cranberry cultivation).

            VOTE – 3 – 0 – 1 (Selectman Bond abstained)

 

Mr. Healey noted that the Conditions could call for substantial completion of Phase 1 prior to the start of Phase 2.

 

The Conditions will be set on November 22nd.

 

Hearing – Request for Title V Variance – 6 Chestnut Street

 

Chairman Wiksten opened the hearing.

 

Mr. Healey noted that this request is a stand practice allowed under the regulations.

 

Hearing no further comments, the hearing was closed.

 

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

VOTED:  To approve the following Title V Variance for an emergency repair for property located at 6 Chestnut Street:

310 CMR 15.104:  Substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing

            Unanimous Vote.

 

Meeting with Veterans’ Agent – RE:  Request to Place Sign

 

Paul Provencher was present.  He told the Board that Crutchfield Signs had donated a banner on South Main Street, and Anders Sign has donated a sign, a 4’x8’ thermometer to keep track of the goal of raising $200,000 for the Veterans’ Memorial.  Mr. Provencher asked for permission to place the sign on the Town Hall front lawn in the area where the Park will be constructed.

 

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

VOTED:  To allow the Veterans’ Agent to place a 4’x8’ sign on the Town Hall front lawn.

            Unanimous Vote.

 

Mr. Provencher also informed the Board that Hallamore Corp. has agreed to supply one (1) crane for the purpose of relocating the Veterans Memorial for the Town.  They are willing to provide the crane at no cost to the Town.  Mr. Provencher said the cost would be $3,500 to $5,000.

 

Mr. Provencher said that Hallamore is asking that they be held harmless from any and all claims against the company resulting from work on this project.  He said that he had contacted the Town’s Insurance representative, and was told that there are no insurance companies interested in doing this.

 

Mr. Healey suggested he talk to the Representative, and Town Counsel, to come up with some appropriate language for a Hold Harmless Clause.  He noted it would be important to have the area cordoned off when the work is being done.

 

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

VOTED:  To instruct the Town Manager to work with Town Counsel and the Town’s Insurance Agency to draft a Hold Harmless Clause, barring any clear negligence on the part of Hallamore.

            Unanimous Vote.

 

The anticipated finish date for the Memorial is Memorial Day of next year.

 

NEW BUSINESS

 

Request to Appoint Members to Board of Directors – COA

 

Ted Lang explained that there are 11 members of the Board of Directors for the COA.  Each member sits on a Committee.  The Chairman is an ex officio member of all the Committees.  The Committees bring suggestions and recommendations to the monthly Board meetings.

 

Selectwoman Brunelle noted that the COA offers numerous services for the elderly, and it should be the first place the elderly call if they have any issues.

 

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

VOTED:  To reappoint the following individuals to the Council on Aging Board of Directors for a three (3) year term:

Geoffrey Hebert, Vivian Youngberg, & Arthur Turcotte

            Unanimous Vote

 

Request for Certificate of Completion – Lawrence C. Harju

 

The Board received a request from Lawrence Harju for a Certificate of Completion for an Earth Removal at 84 France Street.

 

Mr. Healey said the project has been completed according to the submitted plans.

 

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

            VOTED:  To issue a Certificate of Completion for Earth Removal Permit #00-1.

            Unanimous Vote.

 

Request to Waive Fees – South Middleborough Protective Association, Inc.

 

Mr. Healey told the Board that Town Meeting had already voted to transfer the South Middleborough School to the South Middleborough Protective Association.  Town Counsel is working on the transfer.  In the meantime, Matt Thomas, President of SMPA, has asked for a waiver of fee regarding work being done on the school.  Mr. Healey noted that the Town still owns the property.

 

Mr. Healey said he also has a plan from Cullinan Engineering that has reconfigured the lot with the Fire Station lot to give additional land to meet the setback requirements.  This will go through the Planning Board for approval.

 

Selectman Bond asked if there were any liability issues having people work on Town property.

 

It was noted that this had been previously addressed by the Board.

 

Chairman Wiksten asked what the tonnage would be for the Landfill.

 

Mr. Healey said a “couple truck loads”.

 

Chairman Wiksten said he had seen a 6-wheel dump truck loaded with shingles at the school.

 

Selectman Bond asked if Don Boucher would have an issue with the material being brought to the Landfill, noting that commercial debris is no longer accepted.

 

Mr. Healey noted that the material belongs to the Town.

 

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

VOTED:  To waive the fees associated with repairs to the South Middleborough School.

            VOTE 3 – 1 (Chairman Wiksten against)

 

OLD BUSINESS

 

Oak Point

 

Selectwoman Brunelle asked Mr. Healey if the issue with water at Oak Point had been resolved. 

 

Mr. Healey said he has not been able to meet with them yet, but a protocol will be established.

 

4 Lovell Street

 

Mr. Healey told the Board that he had spoken to Norman Sherman, the husband of Patricia Berry Sherman, who is the owner of 4 Lovell Street.  Mr. Sherman said the owner intends to move forward to clean up the property.  He said that they will be out of State on November 29th, and asked that the scheduled hearing be moved to December 13th.  Mr. Healey said he had asked Mr. Sherman to speak to Selectman Bond to discuss the possibility of entering into an Agreement that would commit the owner to a specific course of action, and to develop a timeline.  

 

Mr. Healey said part of the problem has to do with a “title issue”.

 

Selectman Bond said the problem is that the discussions have been with Mr. Sherman, who is not the legal owner.  He suggested getting something in writing from Mrs. Sherman giving her husband authorization to discuss the issue. 

 

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

VOTED:  To change the date for the hearing regarding 4 Lovell Street to December 13th, to direct the Health and Building Inspectors to do an inspection of the current condition of the property, and to authorize Selectman Bond to try to achieve a resolution prior to the hearing.

            Unanimous Vote.

 

The Beacon

 

Selectwoman Brunelle noted that the MMA is looking for available meeting space.

 

The Board’s Secretary will contact the MMA to offer available space.

 

Setting the Tax Rate

 

Selectman Andrews said he wanted to respond to an Editorial in the Middleboro Gazette.  He said he was bothered that the Tax Classification Hearing had not been televised.  He said he will be a proponent at next year’s hearing for a flat tax rate.

 

Selectwoman Brunelle said that the motion to widen the shift was made because something needed to be done this year because of the increase in residential values.  She said the motion wasn’t, in any way, indication that this would change and start increasing the shift between commercial and residential properties. 

 

Selectwoman Brunelle said she had also previously worked with Rep. Tom O’Brien to increase the exemption allowed for the elderly.  She also suggested revisiting a program that would allow the elderly to receive exemptions for volunteer work.

 

Selectman Bond noted that the shift between the rates has decreased since 1984.  He said there is no statistical data to show an increase of businesses when the shift drops.  He also noted that Governor gave towns the ability to tax commercial property at 200% this year, an indication that he believed it was necessary for residential properties. 

 

Selectman Bond also noted certain “advantages” that residential owners do not have, such as “passing on” the increase.

 

Chairman Wiksten said he was also disappointed that the meeting wasn’t televised, and said he would make sure it was next year.  He also said he would not guarantee anybody what will be done next year without seeing the facts, and the financial situation of the Town.

 

TOWN MANAGER’S REPORT

 

Ø      Mr. Healey gave the Board a copy of the proposed contract with Weston & Sampson on the first phase of the project to filter the water from the East Main Street Wells.  He said Town Counsel is also reviewing this.  He thought this could be ready for the November 15th meeting, and suggested inviting Mike Scippione and Barbara Cook to answer any questions.

 

Ø      Mr. Healey provided a copy of the Mass Highway Permit needed to install the water main in Route 58 to serve Shaw’s complex.  He said he is still waiting for Carver to respond to a recent letter concerning the agreements.

 

Mr. Healey said Jeff Youngquist will prepare a plan.

 

Ø      A copy of the proposed Cranberry Ridge Compost Facility agreement was given to the Board.  The Board was asked to review the agreement prior to the meeting on November 15th.

 

Chairman Wiksten said he would like the meeting to be a public hearing for comments, and to be advertised as such.  He asked if there were any zoning issues.

 

Mr. Healey said there are not.

 

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

VOTED:  To place a legal ad in the paper regarding the public hearing on November 15th.

      Unanimous Vote.

 

Ø      Mr. Healey provided a copy of an article from ‘The Beacon’ to the Board regarding school finance.  He said the State is doing nothing to assist with the cost of education for the next 7 years.  He spoke to Sen. Pacheco today.

 

Mr. Healey said the State has shifted its responsibility to the local community, and the cost has become overwhelming.  He said the town cannot continue to do this without the State taking on its proper role and responsibility.

 

Ø      Mr. Healey, who is also the town's health agent, read a press release announcing that the flu vaccine will be administered on Nov. 23 in the selectmen's meeting room from 3:30 to 6 p.m. The shot will only be available to those over the age of 75 and those who have chronic illnesses. Those seeking the shot must submit a note or prescription confirming their chronic illness.

 

Ø      Selectwoman Brunelle suggested the Board thinking about doing something as a Board for the Christmas Parade.

 

Ø      Chairman Wiksten read a letter from the Weston Forest Committee inviting the Board to a “Walk in the Forest” which will be held on Saturday, November 20, 2004 at 10:00 AM.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Kopelman and Paige, P.C., in the amount of $4,660.80.

      Unanimous Vote.

 

Future bills will be forwarded to the Waste Management Advisory Committee for prior approval.

 

It was noted that a balance in this account remains.

 

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

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $548.25.

            Unanimous Vote.

 

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

VOTED:  To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $31.35, $5.91 and $46.40, totaling $83.66.

            Unanimous Vote.

 

CORRESPONDENCE

 

ü      A letter from the Treasurer/Collector was read into the record by Selectman Andrews.  (see attached)  Selectman Andrews said he has spoken to Ms. MacDonald and Ms. Higgins.

 

Chairman Wiksten noted that the only outstanding issue on the Auditor’s Report is the tracking of vacation and sick time.  He noted that the Board had asked that this be done, but it has been “put on the back burner”.

 

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

VOTED:  To instruct the Town Manager to get together with the necessary parties to get this final suggestion implemented.

            Unanimous Vote.

 

Selectwoman Brunelle noted that the upgrade has been completed, and IT is waiting for the Treasurer to determine the next course of action.  She noted the importance of knowing the unfunded liability for planning purposes.

 

ü      Selectman Andrews read correspondence from the Department of Housing & Community Development regarding the Application to the Priority Development Fund, noting the obscurities that communities are held to.

 

Discussion ensued on exactly what the letter meant, and if it was a denial for the $37,000 that the Town applied for to change zoning.

 

Mr. Healey said Larry Koff applied for a Grant under the Capital Development Fund, which differed from this.

 

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

VOTED:  To instruct the Town Manager to call DHCD to get a copy of the comment file from the people who reviewed the file.

            Unanimous Vote.

 

ü      Selectman Bond read a letter received from Gail Schiron, of Connecticut, commenting on the helpfulness of two (2) strangers:  Albert Nunes and “Jim” who went out of their way to help repair her car.  A copy will be forwarded to the Middleboro Gazette’s Letters to the Editor.

 

 

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

            VOTED:  To adjourn at 8:50 PM.

            Unanimous Vote.

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN