SELECTMEN’S MEETING

OCTOBER 6, 2003

 

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

Selectman Rogers, Selectman Eayrs, and Selectwoman Brunelle were present.

Selectman Wiksten entered the meeting at 7:05 PM.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of September 29, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Request for Title V Variance – 3 Grove Avenue

The Board received a request from William E. Gottwald, DMG Associates, for a Title V Variance for property located at 3 Grove Avenue, which is located on Woods Pond.

Jeanne Spalding told the Board that the request is to repair and upgrade the current system. She said this would be an improvement as the cesspool is currently on another piece of property that services the facility. She said setback distances could not be met.

John Deroza, Bay State Sewage Disposal, was present on behalf of the applicant. He told the Board that the request would increase the distance from the well that is already there. He said the location is the best place to put it.

Chairman Perkins noted that the plans refer to "3 Grove Street" and should be amended to read "3 Grove Avenue". Ms. Spalding will correct this on the plan.

The request for a variance is to allow a 5’5" setback as opposed to the required 10’. She said that there is not enough area to fit the system without encroaching onto the 100’ setback to the abutter’s well.

Ms. Spalding said that she has one (1) well report to use as a base line. She would follow up with a well report is one (1) year. She also requests no increase in habitable space of the dwelling unit.

Selectman Wiksten asked why a tight tank would not be used.

Ms. Spalding said that is a last resort. She said a tight tank requires a special filing process with DEP, and she would have to "baby-sit" the system. She said there are four (4) of these in town. Because the separation from the existing cesspool is being increased, she did not believe DEP would grant a tight tank.

Selectman Wiksten noted that this is a tight area, and was not intended for what is there now. He said there are ways to monitor a tight tank.

Ms. Spalding said she is seeking small wastewater grants to find something that would provide a treatment for the whole subdivision.

Mr. Healey said exploration for a well site is being done with a view towards a water system to serve that area. He said there has been some success on the Onge property.

Selectman Rogers said he had no issue with the request, noting that a long-term solution would be a new well in that area.

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

VOTED: To approve the request for a Title V Waiver for property located at 3 Grove Avenue, Middleboro, MA as follows:

    1. Pursuant to 310 CMR 15.405 1a, reduction of system location setback form a property line to 5.5’.
    2. Pursuant to 310 CMR 15.405 1h, reduction of system location setback from a private onsite water supply to less than 100’.

It was further moved that water testing be done in one (1) year, and a deed restriction be placed for no increase in habitable space in the dwelling unit.

Unanimous Vote.

Meeting with Waste Management Advisory Committee – RE: Draft Landfill Regulations

Pat Rogers, Chairman of the Waste Management Advisory Committee (WMAC) introduced members of the Committee who were present: Neil Rosenthal, Jim Wiksten, Ted Pratt, Arlyce Doucette, and John Healey (ex-officio).

Selectman Rogers said that the Committee has made recommendations and proposed pricing changes for the Landfill. He said the goal of the committee is to achieve pricing equity.

The following Permit – Fees and Rules – were presented:

Landfill Permit

Residential landfill permits are required to enter the landfill section - no landfill permit is required for the recycling section. Residential landfill permits are available at the Town Clerk’s Office at the first floor of the Administrative Office Building at 20 Centre Street. In order to use the landfill the permit must be presented to the attendant.

Residential Permit = $ 25.00 - for 12 visits for one year. New permit required July 1.

Landfill permits cannot be replaced - One landfill permit is issued per year.

Additional Fees for dropping off the following materials: (Payable at the Landfill)

Item Fee Item Fee

Air Conditioners Tires

House $ 20 Passenger $ 5

Commercial $ 50 Large Truck $ 10

Batteries $ 5 Heavy Equip. $ 15

Stuffed Chair $ 5 Televisions/Monitors

Large Rugs $ 15 Portables/Game $ 15

Lawn/Motors $ 10 Consoles $ 30

Gas Grilles $ 10 Wide Screen $ 40

Mattress or Box $ 15 Dishwasher $ 15

Propane Tanks $ 5 Hot Water Heater $ 15

Recliner $ 20 Stove $ 15

Refrigerators $ 15 Washer/Dryer $ 15

Sleep Sofa $ 20 Freezer $ 15

Stuffed Sofa $ 15 Microwave $ 15

Large Padding $ 5 Humidifier $ 15

 

 

RECYCLING CENTER

Residents may bring the following items to the Landfill at anytime. No Landfill Permit is required.

Oil (NO LIMIT) Newspapers

Anti-freeze (NO LIMIT) Paint

Brush – maximum size - 3 inches diameter Leaves/grass/hay/manure

SCALE FEES

- A five dollar ($ 5.00) minimum fee is assessed when going on the scale -

- Registrations are required to be shown to Landfill Attendant when requested -

Tipping Fee: $ 65.00 PER TON for MSW

$ 75.00 PER TON for C&D

- If unforeseen circumstances occur, and the scale is not functioning - the

following charges will be assessed to residents.

1. Automobile $ 35.00

2. Pick up Trucks, cargo vans or trailers of equal size up to 1.0 ton $ 60.00

3. One ton Dump Trucks or equivalent size trailers up to 1.5 tons $ 90.00

4. Six wheel dump trucks or equivalent size trailers up to 2.5 tons $ 150.00

5. Ten wheel dump trucks or equivalent size trailers up to 5 tons $ 300.00

 

LIST OF BANNED ITEMS

Asbestos shingles Ashes

Explosive materials Foundry Sand

Corrosive materials Mining Waste

Pathological or biological waste Sludge of any type

Offal Long Stringy material

Radioactive materials No material longer than four (4) feet

 

Discussion ensued on the date this would become effective.

Selectman Rogers said it would be effective 30 days after adoption. He said this would depend on whether or not the Board decides to hold a public hearing.

Selectman Rogers noted that the argument has been made that, by charging higher prices, people will discard rubbish on the side of the road. He said this happens in every town, and the fees would allow extra money for the DPW to clean up those areas. He said the Committee will make a recommendation in the future regarding a Bylaw for throwing trash.

Selectman Rogers suggested the fees be adopted for one (1) year and then come back for review and possible adjustment.

Neil Rosenthal explained that the proposed changes have nothing to do with the Town’s financial predicament. He said the cost for operating the Landfill has increased dramatically.

Mr. Rosenthal said that the Committee is looking at getting significantly more life at the Landfill, possibly by going to a transfer-station mode for bulky items that take up a lot of space.

The Board was told that a recommendation from WMAC would be coming soon as to increasing the tonnage/day to a break-even point. If there was no Landfill, the cost to dispose of the Town’s waste would be approximately $1 million per year.

Mr. Healey suggested the recycling list be expanded to include milk jugs, #2 plastics, tin cans and cardboard. Selectman Rogers said the list could be expanded.

Discussion ensued on the MSW and C&D costs (tipping fees). There was a question as to whether the amounts listed are correct.

Mr. Healey said this is something that fluctuates with the market price. Selectman Rogers said the Board will depend on the Highway Superintendent to keep track of this.

Landfill permits would increase to $25 from $5. This would be effective for those who do not yet have their permits for this year. Everyone would pay this as of July 1, 2004.

Selectman Eayrs questioned cash collecting at the Landfill. He said an accounting system would be necessary.

Selectman Rogers said this would also require bonding of employees, a nightly deposit, and a cash register. He said most municipalities already have this system. He has spoken to Don Boucher and Judy McDonald about this.

Selectwoman Brunelle expressed concern with having cash in a "remote area". She said the Board could require payment by check only, or look into debit cards.

Ted Pratt noted that checks would require time for process.

Selectman Wiksten said he did not believe there would be that much cash.

Selectman Rogers suggested the Board could adopt something and review it in six (6) months.

Chairman Perkins said he was in favor of a public hearing. The Board concurred.

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

VOTED: To hold a public hearing to discuss the proposed changes to the Landfill Regulations and Fees.

Unanimous Vote.

Chairman Perkins thanked the Committee for the work that they have completed thus far.

 

 

 

 

 

NEW BUSINESS

Update on Budget ‘FY04

The Board will hold a meeting on Thursday, October 16th, at 6:30 PM to discuss the Early Retirement Bill.

Request to Approve & Sign GATRA Contract – Council on Aging

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

VOTED: To authorize the Chairman to sign the GATRA Contract.

Unanimous Vote.

Request for Permission to Conduct a Fundraising Walk – Middleboro Education Association

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

VOTED: To approve the request made by the Middleboro Education Association for permission to hold a fundraising walk on Sunday, October 20, 2003 at 1:00 PM.

Unanimous Vote.

Request to Approve & Sign Contracts – Consultants to Management, Inc.

The Board will hold these Contracts until a report is received from Wesley Gardner regarding GASB 34.

Request to Approve & Sign Septic Betterment – Lee – 171 Plympton Street

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

VOTED: To approve and sign a Septic Betterment Agreement with George T. & Valeda C. Lee, 171 Plympton Street, in the amount of $13,168.02.

Unanimous Vote.

Request to Appoint Warden – Middleborough/Lakeville Herring Fishery Commission

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

VOTED: To appoint Luke Leonard as a Herring Warden for a three (3) year term.

Unanimous Vote.

Request to Appoint Volunteer - Middleborough/Lakeville Herring Fishery Commission

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

VOTED: To appoint Ron Depaolis as a volunteer observer for a one (1) year term.

Unanimous Vote.

Request to Approve & Sign Requisition Form – SEMASS

The Board was asked to sign a Requisition form which is required in the submittal of the Massachusetts Technology Collaborative Waste to Energy Grant Program. The Board had previously voted to sign an Agreement Letter.

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

VOTED: To sign the Requisition Form required in the submittal of the MTPC grant process.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Whitman-Hanson Regional High School

The Board received a letter from the Police Chief recommending a police detail for this request.

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

VOTED: To approve the request made by Whitman-Hanson Regional High School to rent the Town Hall Ballroom for a Junior/Senior Semi-Formal Dance to be held on Saturday, November 22, 2003 from 6:30 PM to 10:30 PM, and to require a one-man police detail.

Unanimous Vote.

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

VOTED: To adopt the Police Chief’s recommendation in regards to renting the Town Hall Auditorium to require any outside school related event involving non-Middleboro residents to have a police detail.

Unanimous Vote.

Request to Approve & Sign Plain Street Drainage Easement Release – Decas, Murray & Decas

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

VOTED: To execute a release deed with respect to the Plain Street Drainage Easement, and to place on the next Town Meeting Warrant for a vote to declare the abandonment of the easement.

Unanimous Vote.

Request to Approve & Sign Orders of Taking – "Whispering Pines Drive" & "Winding Way"

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

VOTED: To sign the Orders of Taking for "Whispering Pines Drive" and "Winding Way".

Unanimous Vote.

The roads were accepted at the June 16th Annual Town Meeting.

Request to Appoint Special Counsel – Zoning Board of Appeals

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

VOTED: To authorize the Chairman to sign a letter of engagement to appoint Daley & Witten LLC as special counsel to the Zoning Board of Appeals to evaluate three (3) large comprehensive permits (Cranberry Villages, John Barges – 250 units on Grove Street; The Groves, Debbie Blais – 110 units on Grove Street; Middleborough Commons, Shawn O’Donnell 70 units at St. Luke’s Hospital).

Unanimous Vote.

Acceptance of Gift from Peirce Trustees

The Board accepted a check, with thanks, from the Peirce Trustees in the amount of $21,820 to replace Police Department weapons that had problems misfiring.

OLD BUSINESS

There was no "Old Business" to discuss tonight.

TOWN MANAGER’S REPORT

Mr. Healey told the Board that Town Counsel has said that negotiations can be completed before an Inter-municipal Agreement is signed. He suggested having two (2) members of the Board act as a liaison to meet with Ms. Clancy, National Development.

Selectman Rogers and Selectman Wiksten will look into this.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by the American Arbitration Association in the amount of $628.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Hathaway Publishing in the amount of $2,193.50.

Unanimous Vote.

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

VOTED: To pay the bill submitted by the Massachusetts Municipal Association for dues in the amount of $2,478.00.

Unanimous Vote.

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

VOTED: To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $24.92, $14.11 and $36.44, totaling $75.47.

Unanimous Vote.

OTHER

Chairman Perkins told the Board that a request has been made by Byrne Sand & Gravel to make arrangements for them to pave a piece of Sachem Street near their plant in exchange for a waiver of Earth Removal fees on their current Earth Removal Permit.

Chairman Perkins said he had spoken to Mr. Byrne and Don Gallant, and had observed the road. He suggested the Highway Superintendent look at this.

Mr. Healey asked if the request would be "dollar for dollar".

Chairman Perkins said he was not sure, but noted that the Town would probably be on the receiving end. He suggested Don Boucher look at this and make a recommendation.

Selectwoman Brunelle asked if the waiver for the Fees would be a one-time inspection fee, or until the project was completed.

Chairman Perkins said he was not sure.

Jane Lopes asked for the length of the road. Chairman Perkins said he had not measured it, but estimated it to be 400 yards. The section encompasses Wood Street to the entrance of their second gate.

Chairman Perkins will update the Board.

 

CORRESPONDENCE

 

 

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

VOTED: To enter into Executive Session at 8:12 PM, for the negotiation of a grievance, not to return to Open Session.

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

VOTE 5 – 0

 

Diane Henault, Secretary

BOARD OF SELECTMEN