SELECTMEN’S MEETING

NOVEMBER 27, 2006

 

 

Chairman Perkins called the meeting to order at 7:03 PM.

 

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

Selectman Spataro was absent.

 

 

Selectman Bond said he would like to note the incredible turnout at Saturday’s Christmas Parade.   He said public safety people did an excellent job in coordinating and participating in the parade.  He also expressed appreciation to the Middleboro Elks and Mid-Cape Lumber for the donation of the new Santa House on the Town Hall front lawn.

 

 

SELECTMEN’S MINUTES

 

There were no Minutes for approval tonight.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Earth Removal Permit – Outback Engineering, Inc. – 691 Wareham Street

 

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, November 27, 2006, at 7:05 PM, for the purpose of discussing an application filed by Outback Engineering, Inc. on behalf of 691 Wareham Street Realty Trust, P.O. Box 777, Carver, MA  02330, for an Earth Removal Permit for property located at 691 Wareham Street, Middleborough, MA, Assessors Map 110 Lots 4532 & 2994.  The reason for the request is commercial development.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Tony Esposito, Outback Engineering, returned the green cards.

 

Attorney Steven Triffletti was present to represent the applicant, 691 Wareham Street Realty Trust, the current owner of the property.  He said the proposal is for commercial development at the property.  Some clearing and earth removal is necessary.

 

Mr. Esposito told the Board that the estimated volume of material to be removed is 10,000 cubic yards.  It will be shipped off site.  He said the proposal is not yet in front of the Conservation Commission.  All proposed work will be done outside the 100’ buffer from the vegetated wetlands on site.  The entire site of 24 acres contains about 17.5 acres of wetland.  Work is being done in the upland area.  There is also a small isolated wetland to the west, but is not under the purview of the ConCom.  The Town’s WRPD Bylaw will also be complied with.

 

Mr. Esposito said the ConCom owns the abutting land to the west.  Permission has been given to access the property through the ConCom land.  The location has been cleared for construction vehicles to access and leave the site. 

 

The second page of the plan shows a close up of the grading.  A segmental wall will be provided to take more material.  There will also be a temporary reservoir pond sized to design requirements of the Earth Removal Bylaw.  Drainage calcs were also provided to the Board.

 

A siltation fence is also proposed along the areas of non-disturbance.  The boundaries are shown on sheet 3 of the plan.

 

Mr. Esposito said the proposed time frame is 1 year.  A waiver is also being requested of the 100’ buffer requirements to boundary lines.  The Town owns the abutting property, and it will not be used for residential purposes.

 

Chairman Perkins asked what the access to the property would be when it is completed.

 

Mr. Esposito said the proposal for a 25,000 s.f. commercial building is currently in front of the ConCom.  Access is a road that will cross the river with a bridge. 

 

Attorney Triffletti explained that Article 41 of the recent Special Town Meeting allows the legislature to be petitioned for a land swap with other conservation land.  Once completed, it would become the access and would be less of an effect to the wetlands area.  The request tonight is to just being clearing.

 

Chairman Perkins asked about the temporary reservoir.

 

Mr. Esposito explained that it is a requirement to collect rain water rather than letting it wash into the wetlands and clogging the stream.  The reservoir acts as a sedimentation basin.  Once construction happens, the reservoir will be filled and dewatered.  It will probably become a parking lot.

 

Chairman Perkins questioned the retaining wall around the perimeter.

 

Mr. Esposito said that has to be there to match the existing grade of the abutting land that the applicant currently does not own.  If ownership of the abutting land is assumed, it will not be necessary.

 

Chairman Perkins asked if the applicant has been to the Planning Board.

 

Mr. Esposito said it is not required for a building that is 20,000 s.f. or less.

 

Mr. Healey asked about the property line.

 

Mr. Esposito said it is currently being surveyed.

 

Mr. Healey asked how much frontage there would be on the 10 acres owned by the Town.  He asked if it would abut the road.

 

Carl Tucci, the applicant, said it has not been designed yet.  It will be reviewed with the Town first.

 

Mr. Healey asked if the applicant planned to do the earth removal prior to the completion of the swap.

 

Attorney Triffletti said he wasn’t certain.  He said the project may be completed by the first quarter of 2007.

 

Mr. Healey told the Board that he is working on getting the Town Meeting articles to the legislators.  He said he would contact Senator Pacheco tomorrow to ask how to start the process.

 

Attorney Triffletti said the earth removal was designed based on what is currently owned.

 

Mr. Healey asked about the access if the swap did not complete.

 

Attorney Triffletti said an access would be constructed at the highway curb.

 

Mr. Healey asked if stone would be put down on the first 150’ of the access road to keep the dirt off the highway.

 

Attorney Triffletti said his applicant could.

 

Mr. Healey asked when more definitive information for the road specs would be available.

 

Mr. Esposito said he could start if requested.  He said he needed to know what the “permitting path” would be.

 

Mr. Healey said he would speak to Mr. Esposito.

 

Chairman Perkins asked who the contractor would be for the earth removal.

 

Attorney Triffletti said G. Lopes.

 

Chairman Perkins noted an outstanding tax bill for a 2006 excise tax.

 

Mr. Tucci said he had thought it was paid.  He would make sure tomorrow.

 

Selectman Andrews asked if any betterments would be done on town-owned land.

 

Mr. Healey said only on the conservation piece which could be transferred to them.  This would provide access to 10 acres that the Town owns.  He said there are some significant development potentials for that property.  He said the G&E also has an interest in it.

 

Chairman Perkins said there are lots of long term potentials for the Town if the road is constructed “the way we’d like it constructed”.

 

Selectman Andrews asked what type of business Mr. Tucci was proposing for the site.

 

Attorney Triffletti said several potential businesses are interested, but no agreements have been signed.  He said Mr. Tucci had originally proposed a residential development, but that was not met with enthusiasm.

 

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 request made by Outback Engineering, Inc. on behalf of        691 Wareham Street Realty Trust, P.O. Box 777, Carver, MA  02330, for a one-   year Earth Removal Permit for property located at 691 Wareham Street, Middleborough, MA, Assessors Map 110 Lots 4532 & 2994 for commercial   development.

            Unanimous Vote.

 

The Order of Conditions will be set at the December 11th meeting.

 

Hearing – Request for Class II License – Gas Depot – 5 Station Street

 

Chairman Perkins read the following:  “The Middleborough Board of Selectmen will hold a public hearing on Monday, November 27, 2006 at 7:30 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by SAM Ghani, Inc. d/b/a Gas Depot & Service, for a Class II License for the premises located at 5 Station Street, Middleboro, MA (Assessors Map 50N Lot 5916).  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Ali Ghani, the applicant, returned the green cards.

 

Mr. Ghani, who previously was turned down for a Class II License, said he has re applied, hoping to get a license.  He explained that, with gas prices rising, he is not making the same money.

 

Mr. Ghani is requested a license for three (3) vehicles.

 

Selectman Andrews asked if anyone had determined if the use would be in conflict with the downtown zoning bylaw.

 

Chairman Perkins noted that the Building Commissioner, who is also the Zoning Enforcement Agent, had reviewed the application and had no problem with it.

 

Discussion ensued on the applicant’s statement on the application that this would be his “principle business”.

 

It was explained that this answer must be “yes” in order to qualify for a Class II License.

 

Selectwoman Brunelle noted that there are other businesses in town that have Class II Licenses that operate another business at the same location.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To approve the request of SAM Ghani, Inc. d/b/a Gas Depot & Service,       for a Class II License for the premises located at 5 Station Street, Middleboro,          MA (Assessors Map 50N Lot 5916), restricted to no more than three (3) vehicles          to be located as shown on a drawing included with the application.

            Unanimous Vote.

 

Selectman Andrews asked Mr. Ghani to “keep the displays tasteful” because it is a downtown location.

 

Hearing – Request for Transfer of All Alcohol Restaurant Liquor License – 450 Wareham Street

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, November 27, 2006 at 7:45 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 Nusan Corporation d/b/a The Chicken House, for the transfer of an Annual All Alcoholic Restaurant License for property located at 450 Wareham Street, Assessors Map 087 Lot 2229, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Nuno Pires, the proposed manager, was present.  He explained that he is purchasing the “Chicken House”.  He said comes from a previous restaurant in Fairhaven that had a “pretty good record”.  He said he was not sure if he would keep the same concept as the Chicken House is, but wanted to get to know the people and Middleboro before making any decisions.

 

Chairman Perkins said he was very familiar with the applicant’s previous restaurant and it was very good.

 

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 request of Nusan Corporation d/b/a The Chicken      House, for the transfer of an Annual All Alcoholic Restaurant License for      property located at 450 Wareham Street, Assessors Map 087 Lot 2229,             Middleborough, MA, subject to a clear CORI check of the proposed manager.

            Unanimous Vote.

 

Hearing – Dog Complaint – Bellefeille – 187 Thompson Street

 

Chairman Perkins read a letter to Lisa Bellefeille, 187 Thompson Street, regarding an Animal Complaint filed by Heather Fuller, 185 Thompson Street.  Ms. Bellefeille’s dog and livestock are the subject of the complaint.

 

Chairman Perkins opened the hearing.

 

Jayson Tracy, Animal Control Officer, was present.  He told the Board of previous calls from Ms. Fuller, beginning in August.  He explained that Ms. Fuller runs a daycare business and has small children on her property.

 

Mr. Tracy said that the complaints are in regards to Ms. Bellefeille’s goat which wanders on the property.  Pictures were provided to the Board.

 

Mr. Tracy also said that the dog, a pitbull/boxer mix, was issued a Permanent Restraining Order by Bill Wyatt in 2004.  It is still not licensed.  The Restraining Order requires the dog to be restrained at all times, even on its own property.  The dog has been loose several times.

 

Mr. Tracy said there is also a “side issue” of chickens running loose. 

 

Mr. Tracy said he has left messages asking Ms. Bellefeille to call him, but she has not.  He said she has not taken the warnings that have been given, and the animals may go after the children.  He noted how dangerous a goat could be around children.

 

Selectman Bond asked Mr. Tracy what his recommendation was.

 

Mr. Tracy suggested three (3) pens be erected to contain the animals.

 

Selectman Andrews asked if this might create a problem with barking.

 

Mr. Tracy explained that the Board can only taken action when there is a complaint.  It cannot “anticipate” an issue.

 

Selectman Bond asked why the dog couldn’t be picked up and impounded because it is not licensed.

 

Mr. Tracy said he could do that if it was loose off its own property.  It would then be held until it was licensed.

 

Selectman Bond asked about the goat.

 

Mr. Tracy said he could not put the goat in his truck.  He also noted if someone else were to move it it could become a liability issue.

 

Selectman Bond asked about the chickens.

 

Mr. Tracy said there is nothing that says they can be impounded.

 

Selectman Bond asked if there were “things” on your property that would terminate an animal, would that be a problem.

 

Mr. Tracy said it is illegal to pout poisons on your property.  He noted a State law that requires an owner be notified, in writing, that you don’t want the animals trespassing on your property.  The fine is $10 through District Court.

 

Selectman Bond asked what the remedy would be for a violation of law.

 

Mr. Tracy said everything starts with the Board.  Once the resident doesn’t abide, it can be fought.

 

Selectwoman Brunelle asked if Ms. Bellefeille was present.

 

The Board’s Secretary said she was not.  She noted that a certified mailing had been sent regarding the hearing, as well as regular mail.

 

Mr. Healey asked if the dog is outside or inside at night.

 

Mr. Tracy said the dog has always been inside when he is called to the property.  He noted that the Animal Inspector has found the dog outside twice.

 

Heather Fuller, the complainant, said the dog is usually kept outside during the day and inside at night.

 

Mr. Healey asked if there was any shelter for the animals.

 

Ms. Fuller said no.

 

Chairman Perkins asked if the dog was restrained when it was outside.

 

 

Ms. Fuller said half the time it is, and half the time it isn’t.  She said there is a rope for the dog and goat to be tied.  A dog run was recently put up.

 

Ms. Fuller said the goat has been on her property 2 or 3 times in November.  She said she takes care of young children and this has become an ongoing issue.

 

Selectman Andrews said it is a personal responsibility for the owners to respect the neighbor’s property. 

 

Selectman Bond said Ms. Fuller had the option of contacting an attorney, or taking whatever steps are needed to partition an area.

 

Ms. Fuller said she has erected an area for the children to play, but the goat has tried to knock it down.

 

Selectman Andrews asked if Ms. Bellefeille would be required to have building permits for the pens.

 

Selectwoman Brunelle said they are required for permanent structures.

 

Linda Briggs-Ames, Ms. Fuller’s mother, said she was concerned that the dog has not been licensed or vaccinated.

 

Mr. Tracy said it is a $50 fine through District Court for not being vaccinated, and $10 for unlicensed.

 

Selectman Andrews said the Permanent Restraining Order is meaningless because there is no recourse.

 

Discussion ensued on what happens to unlicensed dogs after July 1st.

 

Selectwoman Brunelle said she thought it automatically went to Court.  She asked Mr. Tracy to look into this.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To notify Ms. Bellefeille that as a result of this hearing, and in             conjunction with MGL Chapter 140 Section 157, the Board orders the following      conditions, in addition to the previous Restraining Order that was placed on the        dog:

1.                  Three (3) chain link enclosures, size appropriate, are to be constructed within 30 days of this order.  The structures are to contain the dog, the goat, and the chickens.

2.                  Town Counsel will file a complaint in District Court for an unlicensed and unvaccinated animal.

      Unanimous Vote.

 

Selectwoman Brunelle asked that Town Counsel be asked if court fees and attorney costs can be recovered.

 

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board          VOTED:  To request that Ms. Bellefeille meet with the Board in 30 days to           demonstrate the steps taken to comply with the order.

            Unanimous Vote.

 

Selectman Bond suggested that, in the meantime, Ms. Bellefeille be urged to keep her animals properly restrained and abide by the law.

 

Selectwoman Brunelle suggested initiating a discussion with State Reps to allow Towns to be more onerous on irresponsible owners.

 

Mr. Tracy explained that this is left to towns. 

 

Chairman Perkins said it would require a bylaw change.

 

Mr. Tracy noted that he had submitted Articles to change the bylaw 2 times.

 

Hearing – Dog Complaint – Millette – 16 East Main Street

 

This hearing is regarding an Animal Complaint filed by Dilia Lestinho, 14 East Main Street, and/or the Animal Control Officer, Jayson Tracy.  Chairman Perkins noted that this is “another step” in this complaint as Ms. Millette had previously been before the Board.

 

Mr. Tracy explained that there were numerous complaints about the barking dog from August to September.  The previous hearing was held on October 2nd.  It was thought that the issue had resolved itself. 

 

Another complaint was made on October 27th by Ms. Lestinho and another neighbor.  Mr. Tracy spoke to Ms. Millette who admitted the dog had been outside because of a sleepover.  The last complaint received was on November 2nd.

 

Ms. Millette has purchased a bark collar but it has not been delivered yet.  He recommended the Board require the dog to wear the collar inside and outside at all times.

 

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

            VOTED:  To order Ms. Millette to purchase an anti-bark collar for her dog to be          worn inside and outside at all times, within 2 weeks.

            Unanimous Vote.

 

Mr. Tracy told the Board that he wanted to acknowledge Bart Harrison, Animal Inspector, who assists Mr. Tracy in doing his job.

 

NEW BUSINESS

 

Request to Accept Gift – Library Director

 

Danielle Bowker was present.  She told the Board that there is a new problem that originally appropriated $250,000 in funds.  There are still funds available.  The Town can apply for matching funds.

 

Ms. Bowker said $2200+ was raised at the Book Sale by the Friends of the Library.  She said it is possible to receive 50 cents on the dollar of matching funds.

 

Chairman Perkins asked what the money would be used for.

 

Ms. Bowker said anything involving the Library.  She said the Friends have supported programs outside regular services.  She said they pay for guest entertainment, children’s programs, and author events.

 

Chairman Perkins asked if Ms. Bowker had spoken to the Treasurer/Collector about establishing a “29” account.

 

Ms. Bowker said she had spoken to the Town Accountant.  Matching funds would be in a separate “29” account.

 

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

            VOTED:  To accept the generous gift from the Friends of the Library for the      purpose of the Library’s eligibility to receive matching funds from the ‘Public             Libraries Fund’.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Health Care of S. E. MA

 

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

            VOTED:  To approve the request of Health Care of S.E. Massachusetts to rent the       Town Hall Auditorium on March 12, 2007 and May 4, 2007 for a Youth             Leadership Conference, subject to receiving a Certificate of Insurance, and any        required Food Permits.

            Unanimous Vote.

 

 

 

 

 

Request for Automated Amusement Devices & Live Entertainment License – Courtyard Restaurant

 

Because the applicant was not present, Chairman Perkins suggested this item be tabled for one week.

 

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

         VOTED:  To table this item for 1 week.

         Unanimous Vote.

 

OLD BUSINESS

 

There was no discussion on items under ‘Old Business’ this week.

12 Highland Street (waiting for decision)

 

Downtown Parking

 

Lakeville IMA

 

Workshop – Personnel Board

 

 

TOWN MANAGER’S REPORT

 

Budgets Reviewed to Date

 

Mr. Healey provided copies of Budgets received to date.  The Treasurer/Collector’s Budget is still outstanding.

 

Mr. Healey explained that his salary reflects two months salary for himself through August and ten months salary for his successor at a level of $120,000/year, as well as $20,000 for consultant services to assist the new Town Manager.

 

Tax Bills

 

Mr. Healey said that Ms. MacDonald estimates we are losing $50,000/month with the current system for tax bills.  He said he will be meeting with the Assessor/Appraiser, Treasurer/Collector, and Information Technology Director to discuss the need to go to a quarterly billing system.

 

Landfill

Chairman Perkins asked if there was any information regarding the Landfill to share with the public.

 

Mr. Healey said that work is being done concerning the provision in the Agreement to design and submit an application to DEP for plans and specs to do the rework.  He said he hoped that work would begin in the Spring and be completed by August of 2007 so the Landfill can be up and running.

 

Chairman Perkins said he would like the project to be completed before Mr. Healey retires.

 

Selectwoman Brunelle said this should be a priority.

 

Vacation Carry-over

 

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

            VOTED:  To approve the request of the Town Manager to carry-over 14 days and       6 hours of vacation time to the next calendar year.

            Unanimous Vote.

 

Classification Hearing

 

Jane Lopes asked if the Classification Hearing would be held next week.

 

Mr. Healey said he was verbally asked by Barbara Erickson to ask the Board if it would be willing to meet on December 13th if the information wasn’t received this week.

 

Chairman Perkins said the Board would do whatever needed to be done.

 

Mr. Healey suggested posting the meeting as a precaution.

 

Chairman Perkins noted that the Board is already posted for 7PM on December 13th for a workshop.

 

Ms. Lopes asked if tax bills would be sent out before the end of the year.

 

Chairman Perkins said that was “questionable”.

 

Mr. Healey noted that Ms. Erickson had indicated that people who want to pay before the end of the year can pay an “estimated” half of the bill.

 

Ms. Erickson will be asked to attend next week’s meeting to provide a further explanation.

 

Override

 

Discussion ensued on emails sent between Rich Pavadore and Mr. Healey.

 

Selectman Andrews said a joint meeting is needed to discuss the question of an Override.

 

Mr. Healey said he would like to sit down with Mr. Pavadore and review the figures that he quoted.

 

Selectman Andrews noted that Mr. Pavadore was not speaking as a member of the FinCom.

 

Mr. Healey said a dialog needs to start immediately if an Override question is to be included on the April election ballot.  He said ballot questions need to be built now, identifying what won’t continue for services and personnel that will be lost and how the School Department will be affected.

 

Selectman Andrews suggested the Board hold a hearing or meeting to discuss the Override question.  He said the Board needs to determine whether or not it supports an Override.

 

Selectwoman Brunelle said she didn’t disagree with holding a forum for discussion purposes.  She said the Board determines whether or not a question should be put on the ballot, but should not state whether or not it supports it.  She said it is up to the residents as to whether or not to support.

 

Chairman Perkins agreed.  He said he disagreed that the Board needs to take a position.  He said there are different points of view on the Board.  He said he’s in favor of putting the question out there and letting the people be heard as to whether or not they want to spend more money.  People need to determine whether or not they’re willing to take a reduction in services, or pay more to keep them.  He said he also wasn’t opposed to a forum.  He suggested there should be a “menu” type of Override question.  Then a group needs to sponsor individual pieces of the menu.  A committee will have to be created to educate the public.

 

Selectman Bond said he agreed with Selectman Andrews.  He said the Board needs to “steer the ship” in terms of the budget.  He said the Board needs to present directions to take the Town.  He noted that an Override would only be specific for 1 year, then it can go to the General Fund.

 

Mr. Healey said the Board needs to “paint a picture” of what would happen if an Override doesn’t pass.

 

Selectwoman Brunelle noted the Fire Department’s proposed budget restores 2 working groups to 7 personnel per shift.  This is to keep the sub-stations open.  She said this directly relates to resident’s cost for insurance.

 

Selectman Bond said the Board needs to give direction.

 

Selectman Andrews said if the Board doesn’t want to pursue an Override by putting a question on the ballot, then there is no vehicle to do it other than a community petition.

 

Mr. Healey said information regarding the pluses and minuses must first be provided.

 

Selectman Andrews said there has been a “credibility issue” for the past 6 years as to whether or not there is enough money.

 

Mr. Healey said he has worked to find ways to “prevent disasters” such as increasing Local Receipts.  He said we’re about to run out of new generation ideas.

 

Selectman Andrews said if a deadline is set for a meeting, the work will get done.

 

Mr. Healey said he has checked average household taxes in Whitman, Hanover, and Pembroke, and they are well over $5000.

 

Chairman Perkins said the values on the houses are also much higher.  He said ours are increasing.

 

Selectman Bond asked about working on a multiple year plan.

 

Selectwoman Brunelle said historical information has been requested from Department Heads to project going forward.

 

Selectman Andrews suggested scheduling a meeting for January 22nd or 29th.

 

Selectman Bond suggested inviting our Representatives and Senator Pacheco.

 

Chairman Perkins said they may not want to come to a forum.

 

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

            VOTED:  To schedule an informational hearing for an Override for January 29, 2007 subject to the availability of all Selectmen.

            Unanimous Vote.

 

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

            VOTED:  To invite the State Representatives and Senator to the Override hearing.

            Unanimous Vote.

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay the bill submitted by ADT Security Services, Inc. in the amount          of $128.12.

            Unanimous Vote.

 

 

 

OTHER

 

There was no ‘Other’ Business discussed tonight.

 

CORRESPONDENCE

 

v     Selectman Bond told the Board that he, Selectman Spataro, and Selectman Andrews had received correspondence from Water Department employee Barbara Boulay regarding a trash issue that was discussed last week concerning Donald and Constance Miller.

           

      Mr. Healey said that part of the problem has been the intercession on the part of Ms.           Boulay.

 

      Selectman Bond asked if, bottom line, the Millers should pay for trash pick up for one         or two units.

 

      Mr. Healey said the Millers no longer want the service at all.

 

      Mr. Healey said he would provide further information to the Board.

 

v     Correspondence updating the dog Order for Ed & Lynn Westgate, 89 Vernon Street will be forwarded to Linda & Charles Dean, 83 Vernon Street.

 

v     Correspondence from Town Counsel saying there cannot be an exception to the residency requirement for the COA Bylaw will be forwarded to Ted Lang.

 

v     Correspondence from Town Counsel regarding Vince DiRusso’s request for a second Class II License said that you can’t consider the violation of the existing license in whether or not you grant the second license.

 

            Selectman Bond said he had a discussion with Attorney Murray.  He explained that there are no cases that say that someone who violates an initial license cannot be given another one. 

 

Chairman Perkins said if there are violations and nothing is done it is the Board’s problem in being derelict.  He said a hearing would have to be held regarding violations of the first license.  If there is a suspension or revocation, it becomes an issue for a second license.

 

Selectman Bond disagreed saying that Town Counsel said that it doesn’t.

 

Chairman Perkins said he’s not convinced there is a violation of Mr. DiRusso’s current license.

 

Mr. Healey said the Town’s Bylaw only allows 1 unregistered vehicle on a property.

 

v     The Board received correspondence from the Town Clerk in regards to a complaint at the most recent polls.

 

      Selectman Andrews questioned if he could bring his children with him to the polls     as they are not “registered voters”.

 

v     Mr. Healey will see if there is any space available for a State Department that is searching for space to lease.

 

v     A Court Hearing will be held regarding the Board’s Order to the Cheromchas concerning their dog Luke will be held on December 13th. 

 

      Chairman Perkins asked if any member of the Board needed to be present.  The      Board’s Secretary will check with Town Counsel.

 

v     Mr. Healey was asked to prepare a public announcement regarding SEMASS Partnership’s Thermometer Exchange Program.

 

 

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

VOTED:  To enter into Executive Session, not to return to Open Session, at 9:50 PM for the purpose of discussing Contract Negotiations.

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

            VOTE 4 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN