SELECTMEN’S MEETING

NOVEMBER 6, 2006

 

 

The meeting was called to order at 7:00 PM.

 

Selectman Spataro, Selectman Bond, and Selectman Andrews were present.

 

Chairman Perkins was absent.

Selectwoman Brunelle entered the meeting at 7:40 PM.

 

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

            VOTED:  To elect Selectman Andrews to serve as the Chairman Pro Temp.

            Unanimous Vote.

 

SELECTMEN’S MINUTES

 

Selectman Spataro said he had a correction to make to the Executive Minutes of October 23, 2006.  The correction will be made in Executive Session, and the Minutes will be held for approval for 1 week.

 

Chairman Pro-Temp Andrews made a correction to the Minutes of October 30, 2006.

 

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

            VOTED:  To approve the Minutes of October 30, 2006 as amended.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of October 30, 2006.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Farmers’ Market – RE:  Use of Town Hall Lawn

 

Mike Nash was present.  He asked for approval for next year’s Farmers’ Market to be held at the Town Hall.  The Market would open on June 9, 2007 and run through October 27, 2007.

 

Selectman Bond said he had “followed” this year’s market.  He noted that the Market has grown in farm produce, handmade groups, and visitors.

 

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

            VOTED:  To approve the 2007 schedule for the Farmers’ Market.

            Unanimous Vote.

 

Hearing – Request for Class II License – ‘The Auto Liquidation Group’ 66 & 68 West Grove Street

 

Chairman Pro-Temp Andrews read the following:  “The Middleborough Board of Selectmen will hold a public hearing on Monday, November 6, 2006 at 8:00 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Vincent A. DiRusso d/b/a The Auto Liquidation Group, for a Class II License for the premises located at 66 & 68 West Grove Street, Middleboro, MA (Assessors Map 58E Lots 2512 & 2517).  Anyone desiring to be heard on this matter should appear at the time and place designated.” The hearing was opened.

 

Vincent DiRusso was present.  He returned the green cards.  He is requested a Class II License in addition to the one he currently holds for 29 Vine Street.

 

Chairman Pro-Temp Andrews noted correspondence from the Tax Collector stating that there are outstanding municipal charges due from the current owner of the property.  The bills date back to 1991.

 

Mr. DiRusso told the Board that he intends to run a use car operation at the property.  He has been in business for 40 years.  Everything will be kept the same on the property except there will be used vehicles for sale.  The body shop will be maintained as it is.

 

Fred Santos, the owner of the property, said he thought everything had been paid when he recently re-mortgaged the property.

 

Mr. Healey suggested going on with the hearing, continuing if necessary to address the tax problem.

 

Selectwoman Brunelle also read a letter from the Building Commissioner who told the Board that on August 12, 2006 he had been called to 52 Oak Street, the former St. Luke’s Hospital, by the Fire Department for a structure fire.  Eight (8) vehicles belonging to Mr. DiRusso were being illegally stored in the basement.  The vehicles were ordered removed.

 

Mr. Whalen also noted that the Class II License for 29 Vine Street allows for 15 cars to be stored inside with no outside display.  Currently there are 44 vehicles located outside at the property.

 

Mr. Whalen said he would support the request if it would help Mr. DiRusso keep his cars where they belong.

 

Mr. DiRusso responded by saying he had rented space at St. Luke’s Hospital on a Friday and the fire happened on a Saturday.  All vehicles were removed on Monday when he was contacted by the Fire Chief.

 

Mr. DiRusso said his Vine Street License says no outside “display”.  He said that is different than storage.  He has no signs or banners on the property.

 

Mr. Healey said that the Minutes of December 20, 2004 are clear that no more than 15 vehicles are to be stored inside the property and shown by appointment.

 

Mr. DiRusso said that the vehicles outside are being stored and not displayed.  He said the license allows for outside parking.

 

Mr. Healey said the parking is for customers, not storage.

 

Mr. DiRusso said he has never seen a used car operation that didn’t have storage outside.

 

Mr. Healey said the Board has approved several.

 

Mr. DiRusso said those licenses would be for wholesalers.

 

Selectwoman Brunelle said the vote was specific that the vehicles wouldn’t be stored outside.

 

Mr. Healey asked if the vehicles are registered.

 

Mr. DiRusso said they are not.

 

Mr. Healey noted that is a violation of the Town’s Bylaw which allows only 1 unregistered vehicle on a property.

 

Mr. DiRusso said he had contacted the Board’s Secretary about renting a building on West Clark Street to store vehicles.  He had been told that no license was necessary.

 

Mr. Whalen clarified that he had received a call from the Board’s Secretary asking if cars would be allowed to be parked on the West Clark Street property.  He said zoning has no jurisdiction because it is in a General Use area.

 

Selectman Bond asked if there was a State rule limiting the number of unregistered vehicles.

 

Mr. Whalen said he didn’t know.

 

Selectman Bond said Mr. DiRusso’s interpretation of the Vine Street License stipulations was “disingenuous”.

 

Selectwoman Brunelle noted that the December 20, 2004 say that Mr. DiRusso said he would clean up the property and no vehicles would be parked outside and the property would be cleaned up and no vehicles or trucks would be parked outside.  She said this was the intent of the vote when the license was issued.

 

Chairman Pro-Temp Andrews said there are 2 issues before the Board:  violations of the current license and the request for a new license.

 

Selectman Spataro noted a previous ruling from Town Counsel that doesn’t allow the Board to “link” another piece of property.  He said the Board would have to take action on tonight’s request and deal with the other issue at renewal.

 

Mr. Healey said enforcement for the Vine Street license is appropriate.  He said there is no time frame to act on the existing application for the new license.  He said it is hard not to link the two.  He suggested continuing the hearing in regards to the tax issue and information with respect to a plan at the new location.  The violation of the existing license is an enforcement issue.

 

Selectwoman Brunelle agreed.  She said this hearing should conclude or continue and after that, a letter should be issued for enforcement on the Vine Street property.

 

Selectman Bond said Mr. DiRusso is a Class II License operator who is asking to expand his business further in the same area.  By nature, the two are linked.  He suggested a discussion with Mr. DiRusso to figure out what can be done about the present problem, and then the Board would know how to deal with the second issue of giving another one.

 

Mr. Santos suggested approving the license subject to the taxes being paid before it is issued.

 

Mr. Healey asked Mr. DiRusso if the current License was used to sell vehicles to the general public.

 

Mr. DiRusso said in a “specialized way”.  He said “no one comes by there”.

 

Motion was made by Selectman Bond to deny the request for the license.  There was no second.

 

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

            VOTED:  To continue the hearing for three weeks to allow time to resolve the   issue of unpaid municipal charges on the property and to work on resolving the          issue of vehicles parked outside the property at 29 Vine Street.

            VOTE 3 – 1 (Selectman Bond opposed)

 

Hearing – Request for Transfer of All Alcohol Liquor License – 407 West Grove Street

 

Chairman Pro-Temp Andrews read the following:  “A hearing will be held by the Board of Selectmen on Monday, November 6, 2006, at 8:15 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 H.T.F., Inc. d/b/a Harry’s Stage Stop, for the transfer of an Annual All Alcoholic Restaurant License for property located at 407 West Grove Street, Middleboro, MA shown as Assessors Map 048 Lot 3973.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Chairman Pro-Temp Andrews read a letter from Attorney Brian Lewis who represents the current owner.  He requests that, if approval for the transfer is given, the application not be sent to the Boston ABCC until the sale is completed.

 

David Fisher was present.  He said he is purchasing the property which is situated across from the diner.  He said he had no problem with the attorney’s request.  He said he would look to open sometime after the first of the year.

 

Hearing no further comments, Chairman Pro-Temp Andrews closed the hearing.

 

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

            VOTED:  To approve the request of H.T.F., Inc. d/b/a Harry’s Stage Stop, for the       transfer of an Annual All Alcoholic Restaurant License for property located at     407 West Grove Street, subject to the conditions set forth in the November 6,    2006 letter from the Law Office of Brian Lewis.

            Unanimous Vote.

 

NEW BUSINESS

 

Request for One Day Liquor License – The Middleborough Art Gallery

 

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

            VOTED:  To approve the request of Peter and Jennifer Damon, ‘The    Middleborough Art Gallery', for a one day Beer & Wine Liquor License for an       event to be held at the Middleborough Art Gallery, 38 Centre Street, on Friday,             November 17, 2006, from 6 PM to 9 PM. 

            Unanimous Vote.

 

Request for Exception to Board Membership Status – COA Board of Directors

 

Chairman Pro-Temp Andrews read a letter from the COA Board of Trustees asking that an exception be made regarding the criteria and status of Council on Aging Board members to allow Deanna Simmons-Hayes, who recently moved to Lakeville, to finish her current term on the Board of Directors which will end in November 2008.

 

Ted Lang said the request is being made because Ms. Hayes has been a member of the Board for a number of years, and has been an officer in various positions, including Chairperson.  She is also the widow of the late Leonard Simmons for who the COA building was named.

 

Selectman Spataro asked if other people in town were interested in the position.

 

Mr. Lang said there are none on the waiting list to become Board members.  He said he could advertise the position.

 

Selectman Bond asked how many members serve on the Board.

 

Mr. Lang said 11.  The Board deals with financial issues such as the annual budget and cuts in personnel or expansion of line items.

 

Selectman Spataro said he applauded Ms. Hayes for all she has done in the past, and said his position is not a function of the individual.  He believes someone from Middleboro should hold this position.

 

Mr. Healey asked if there was any possibility of Ms. Hayes returning to Middleboro.

 

Mr. Lang said it wouldn’t be before the end of her term.

 

Upon motion by Selectman Bond and seconded by Chairman Pro-Temp Andrews, the Board

            VOTED:  To approve the request for the exception.
            VOTE 2 -1 (Selectman Spataro opposed)

 

Request for Reappointments – COA Board of Directors

 

Upon motion by Selectman Spataro 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 ending in November 2009:

                        Barbara Chadwick                   6 East Grove Street

                        Marilyn Chammas                     13 Lakeview Terrace

                        Anders Martenson, Jr.              20 Valley Road

                        Betty Murphy                           83 School Street

            The Board further moved to appoint George Stetson for a one –year term ending           in November 2007 at which time he will be nominated to fill a three-year term.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street (waiting for decision)

 

There was no discussion on this item.

 

Downtown Parking

 

There was no discussion on this item.

 

 

 

 

Lakeville IMA

 

There was no discussion on this item.

 

Workshop – Personnel Board

 

Selectwoman Brunelle set a workshop needs to be set up to review the Personnel Board Bylaw.

 

Chairman Pro-Temp Andrews noted that the Board had suggested doing this in December.

 

Selectman Bond noted that the Board will be going through contract negotiations with Unions soon.  He suggested the Personnel Board should review the contracts to suggest what the Board might want to look at in negotiations.

 

A workshop was scheduled for Wednesday, December 13, 2006 at 7 PM. 

 

Selectwoman Brunelle also noted that a workshop needs to be scheduled to review liquor license rules and regulations.

 

It was the consensus of the Board to hold this at the same time.

 

TOWN MANAGER’S REPORT

 

Town Meeting Budget and Articles Update

 

The Articles for the upcoming Special Town Meeting were reviewed.  Mr. Healey noted that there had been some changes since the Board originally voted to support or not support articles.

 

Mr. Healey said the Moderator is requested separate votes on the supplement requests under Article 1.

 

Mr. Healey said the supplemental requests can be dealt with without having to tap the Stabilization Fund. 

 

Mr. Healey said he met with Brian Murphy this week in regards to the Worker’s Comp increase.  Arrangements have been made to have safety in training sessions with personnel.  He noted that there are current trainings every year.  The increase in Worker’s Comp was due to “catastrophic situations”.

 

The Board reviewed the articles.

 

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

            VOTED:  To approve Article 1 as three (3) separate motions as printed.

            Unanimous Vote.

 

Discussion ensued on the request to include a supplement for the GMEG agreement.  Mr. Healey explained that Town Meeting would only authorize the spending of that money.  The Board would still have to negotiate the agreement.

 

Selectman Bond amended the previous motion to support Article 1 as three separate motions with regard to every number except the GMEG number which will be determined before the end of this evening.  Unanimous Vote.

 

Selectwoman Brunelle entered the meeting at 7:40 PM.

 

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

            VOTED:  To enter into Executive Session to discuss Contract Negotiations for Non-Union Personnel and Pending Litigation, to return to Open Session.

            A poll vote was taken.  Selectman Bond, Selectman Spataro, Selectwoman       Brunelle and Chairman Pro-Temp Andrews approved.

            VOTE 4 – 0

 

Selectwoman Brunelle left the room for this Executive Session.

 

-----RECONVENE-----

 

Selectwoman Brunelle returned to the meeting.

 

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

            VOTED:  To support Article 1 including the supplemental amount of $365,951 for GMEG, subject to final negotiations.

            VOTE 3 -0 – 1 (Selectwoman Brunelle abstained)

 

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

            VOTED:  To schedule a meeting for Thursday, November 9th, at 8 AM to meet            with GMEG and Labor Counsel.

            VOTE 3- 0 – 1 (Selectwoman Brunelle abstained)

 

Chairman Pro-Temp Andrews noted that the $365,951 doesn’t represent retro pay over the previous 2 years that other Unions received.  The amount requested is to rectify a structural problem.

Other changes to motions were reviewed:

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

            VOTED:  To have the math for Article 13 available at Town Meeting.

            Unanimous Vote.

 

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

            VOTED:  To amend the Motion for Article 15 as two separate motions.

            Unanimous Vote.

 

Mr. Healey suggested the motion be amended to include “for FY05”.

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

            VOTED:  To amend the Motion for Article 16 as two separate motions, as        amended.

            Unanimous Vote.

 

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

            VOTED:  To amend the Motion for Article 18 to include $72,700.

            Unanimous Vote.

 

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

            VOTED:  To amend the Motion for Article 19 to include $65,000.

            Unanimous Vote.

 

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

            VOTED:  To specify the intended uses for the change in Article 30.

            Unanimous Vote.

 

The Moderator said the required vote should be 2/3, not majority.

 

Discussion ensued on Article 32.  Selectwoman Brunelle asked if this was incorporated into the current rate schedule.

 

Mr. Healey said it may need to be adjusted eventually as we are currently in the third year of a three year increase.  It has been suggested that the rates be increased by 1 or 2% per year going forward.

 

Barbara Erickson asked if Article 30 would help offset the water rate increases.

 

Mr. Healey said yes, with respect to adding projects.

 

Selectwoman Brunelle asked why this was a borrowing article and not coming from retained earnings.

 

Mr. Healey said it would deplete the earnings.

 

The word “earned” was added to the motion for Article 36.

 

Ms. Erickson said that Article 16 does not have to include the fiscal year.

 

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

            VOTED:  To eliminate the FY05 language, referring to only the Overlay Account.

            Unanimous Vote.

 

Other

 

Mr. Healey noted other correspondence in his Report including a letter to the MJHS Building Committee, a letter regarding Edgeway, and an issue with respect to the intersection of Locust and Wareham Streets.

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay the bill submitted by W. B. Mason Company, Inc. in the amount        of $79.00.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by Attorney Jonathan Witten in the amount of $933.72.

            Unanimous Vote.

 

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

            VOTED:  To pay two (2) bills submitted by the Middleborough Gas & Electric             Department in the amounts of $141.26 & 29.18, totaling $170.44.

            Unanimous Vote.

 

OTHER

 

ü      Selectman Bond noted the rally that was held last week in support of the Reverend Chan-Williams.  He said there were a number of people present.

 

ü      Selectwoman Brunelle noted that the Board had received copies of resumes sent for the Town Accountant’s position.  The Board will discuss them before Town Meeting to decide who to interview.

 

ü      Selectwoman Brunelle, who was present for the earlier discussion regarding the exception for the COA Board of Directors, said that she didn’t believe this would be allowed in accordance with the Bylaw. 

 

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

            VOTED: To request an opinion from Town Counsel.

            Unanimous Vote.

 

The letter to Town Counsel will be copied to Ted Lang.

 

Selectwoman Brunelle said if Ms. Hayes is not able to remain on the Board of Directors, she suggested she could be a member of the Advisory Committee which doesn’t have a residency requirement.

 

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

            VOTED:  To give the Town Manager the authority to review emails that have    been sent to the Town Accountant.

            Unanimous Vote.

 

ü      Mr. Healey said he was told tonight that the FinCom may not be moving some of the items included in Article 1.  He said he would prepare an amended motion for the Board to include those items not included by the FinCom.

 

CORRESPONDENCE

 

v     The Board received a copy of Gary Bourne’s “Operational Plan”.  Selectman Spataro said it seems satisfactory, but suggested it be put on the Board’s agenda for discussion when Chairman Perkins returns.

 

v     Selectwoman Brunelle asked that a discussion regarding “Class II Licenses” be scheduled at a future meeting.

 

v     Selectman Bond read a letter from Senator Stephen M. Brewer concerning Legion of Honor recipient Donald Foye.

 

v     Mr. Healey will follow up regarding a letter from the Commission on Disability’s concerns with curb cuts and meeting with the MJHS Building Committee.

 

v     The Board received correspondence from a resident of Edgeway Mobile Home Park.  Questions arose as to what would happen to the Park now that Mr. Williams has passed away.

 

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

                        VOTED:  To send a letter to Town Counsel asking the following:

1.                  Since Wayne Williams has passed away, what can the Board expect down the road in terms of litigation?

2.                  What can be expected with regards to the enforcement of codes and provisions of Middleborough and State Laws?

3.                  What obligations or rights does the Town have, or how have they changed, now that Mr. Williams has died?

            Unanimous Vote.

 

      Selectman Spataro said he didn’t want residents of the Park to get the impression that,         because Mr. Williams has died, the Board is in control of the Park.

 

      Selectman Bond said if residents have questions they can write to the Board.

 

 

Upon motion by Chairman Pro-Temp Andrews and seconded by Selectman Spataro, the Board

VOTED:  To enter into Executive Session, not to return to Open Session, at 10:04 PM for the purpose of discussing the Executive Session Minutes of October 23, 2006.

            A poll vote was taken.  Selectman Spataro, Selectman Bond, Selectwoman       Brunelle, and Chairman Pro-Temp Andrews approved.

            VOTE 4 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN