SELECTMEN’S MEETING

OCTOBER 3, 2005

 

 

 

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

 

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

 

SELECTMEN’S MINUTES

 

Selectman Bond made a correction to the Minutes of September 26, 2005.

 

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

VOTED:  To approve the Minutes of September 26, 2005 as amended.

VOTE 3 – 0 – 1 (Chairman Perkins abstained)

 

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Earth Removal Permit – G. Lopes Construction, Inc. – Plympton 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, October 3, 2005, at 7:05 PM, for the purpose of discussing an application filed by GAF Engineering Inc. on behalf of G. Lopes Construction, Inc., for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 034 Lots 4315 & 4584.  The reason for this request is for the construction and expansion of an existing agricultural activity (cranberry cultivation).  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

William Madden, GAF Engineering, was present.  He returned the green cards.

 

Mr. Madden told the Board that this permit had originally been issued to James Grant Co., for construction of a bog and tailwater recovery pond.  It was then transferred to G. Lopes Construction, Inc.

 

The permit, which had already been granted an extension, will expire.  Therefore, the applicant is requesting a new permit to complete the project.  The 2-phased project is still in the first phase.  2/3 of the material will be removed in the second phase. 

 

Mr. Madden said the bypass canal, which had been used as a reference point for the bogs, wasn’t constructed per the plan.  He said it is a little narrower in width.  It is functioning as intended, and the vegetation has been established.  He said he met with Rose Correia, ConCom, in September, and agreed that it didn’t make sense to disturb the established vegetation.  The applicant is requesting to leave the canal in its present state, at the current location.

 

Mr. Madden also said that ‘Section 1’ will be used as a staging area to stockpile sand and equipment.  There will not be any construction on this section.

 

Chairman Perkins asked if the previous Orders issued by the ConCom had been changed.

 

Mr. Madden said they were only extended.

 

Chairman Perkins asked how much material would be removed to complete this phase.

 

Mr. Madden said it is about half done.

 

Chairman Perkins asked if G. Lopes was the contractor.

 

Mr. Madden said yes.

 

Selectwoman Brunelle asked if it was possible to complete the project in less than three years.

 

Mr. Madden said the volume of material could be removed in less time, but it is not a good quality material.  He said G. Lopes will use the material for other projects.

 

Selectwoman Brunelle noted that the project has gone on for four years, and another three is being requested.

 

Chairman Perkins said that he had done a site visit and noted that previous problems had been addressed and cleaned up.

 

Mr. Madden noted the address for the applicant should be changed to 565 Winthrop Street in Taunton.

 

Selectman Andrews noted that a comma had been placed in the wrong position on the application.  The requested amount of material to be removed is 370,000 cubic yards.

 

Selectman Bond noted a correction on the current Orders for the permit, making an amendment to NOT allow work to begin before 7:30 AM.

 

Selectwoman Brunelle asked about trucks starting earlier and idling while waiting for 7:30 AM.

 

Mr. Madden said that the equipment on site starts at 7:30.  The street does not allow the trucks to be cued up there.

 

Selectman Andrews said he had spoken to the Town Manager who said there have been no prior issues with this project.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of GAF Engineering Inc. on behalf of G. Lopes Construction, Inc., for a three year Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 034 Lots 4315 & 4584, for the construction and expansion of an existing agricultural activity (cranberry cultivation), and to issue the same Order of Conditions as previous, with noted corrections made to the application and conditions.

            Unanimous Vote.

 

Hearing – Request to Transfer Liquor License – 45 Everett Street

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, October 3, 2005, at 7:30 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 S & S Convenience, Inc. d/b/a Neighborhood Convenience, for a Transfer of an Annual Wine & Malt Package Store License for property located at 45 Everett Street, Middleboro, MA shown as Assessors Map 50J Lot 4346.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Attorney Joseph Devlin was present to represent the applicant, Surajit Ray, who was also present.

 

Attorney Devlin said the request is to transfer the Liquor License from Tracey Delano, Inc. to S&S Inc., d/b/a Neighborhood Convenience.  The License is being purchased for $20,000, and the property will be leased from the owner, William Griswold, for 15 years at $500/month.  Mr. Ray also has first right of refusal to purchase the property if the landlord sells. 

 

Attorney Devlin said about $3,500 in repairs will be done to the property.

 

Selectman Bond noted an error regarding the date of incorporation in Section 9 of the application, and that a signed lease was not submitted.

 

Attorney Devlin said the lease won’t be signed until the closing.

 

Chairman Perkins read a letter from the Police Chief noting no objection to Mr. Ray being named as manager.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request of S & S Convenience, Inc. d/b/a Neighborhood Convenience, for a Transfer of an Annual Wine & Malt Package Store License for property located at 45 Everett Street, Middleboro, MA shown as Assessors Map 50J Lot 4346, subject to the completion of the application forms and submittal of a signed lease.

            Unanimous Vote.

 

Request to Modify Earth Removal Permit for A.D. Makepeace – Rocky Meadow Street

 

William Madden was present to represent A.D. Makepeace.  He explained that a request was being made to modify existing earth removal permit #03-1. 

 

Mr. Madden said that the material being removed from the site is being reduced, and the site is being worked to be more compatible to the residential component.  He said the slope will be decreased and some of the depths would also be decreased.  He said the project is essentially complete.

 

Mr. Madden submitted a proposed grading plan and photos of the site as it is today.  He said the slopes are cut into place, material has been removed, and plantings have been established.

 

Mr. Madden will submit a request to certify the project as is, once the Planning Board holds a hearing on the proposed subdivision.

 

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

VOTED:  To approve the modifications to Earth Removal Permit #03-1, Assessors Map 054 Lot 6425 and Map 062 Lot 1336, as shown on the plan entitled “Plan to Accompany Application for Earth Removal Permit – Off Rocky Meadow Street – Middleborough, MA” prepared for A.D. Makepeace Co. by G.A.F. Engineering, Inc., dated December 6, 2002, revised through September 14, 2005.

            Unanimous Vote.

 

Hearing – Request for WRPD Permit – Butler - 97 Summer Street

 

Chairman Perkins read the following:  The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, September 26, 2005 at 7:05 PM, for the purpose of discussing an application filed by Outback Engineering Incorporated, on behalf of Richard Butler, for a Special Permit under the Water Resource Protection District By-law, for construction of a driveway crossing over wetlands in order to gain access to the upland portion of the lots.  The property is located at 97 Summer Street, and shown as Assessors Map 022 Lots 128 & 249, zoned Residential “A”, W.R.P.D. “Z4”.   Anyone wishing to be heard on this matter should appear at the time and place designated.” 

 

It was noted that the hearing could not be held on September 26, 2005 because of the lack of a quorum.

 

Chairman Perkins opened the hearing.

 

Jeff Youngquist, Outback Engineering, was present.  He returned the green cards.

 

Selectman Bond said he was abstaining from the hearing as he is doing legal work for abutters.

 

Chairman Perkins said this is a problem as only three (3) members remained.

 

Selectman Andrews suggested getting a more defined opinion from Town Counsel as to the number of members required to hold a WRPD hearing.

 

Chairman Perkins suggested holding the hearing, and then continuing to await a ruling from Town Counsel.

 

Mr. Youngquist said he is representing Richard Butler, who is requesting a special permit to allow the construction of a driveway crossing over wetlands in order to gain access to the upland portion of the lots in the WRPD Z4 district.  The proposed driveway will then combine with the existing driveway for 97 Summer Street and split off to supply access for a proposed retreat lot.

 

Chairman Perkins noted that the Board had received notification from the Planning Board saying that application from the retreat lot hasn’t been made to the Planning Board.  The Town Planner said it appears that the proposed driveway doesn’t comply with the bylaw.

 

Chairman Perkins also read a letter from the Building Commissioner citing the same issue.

 

Mr. Youngquist said he intended to ask for a variance to use the common driveway.

 

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

VOTED:  To continue this hearing until such time an opinion from Town Counsel is received regarding the number of members required to hear the petition, and to allow the applicant to meet with the Planning Board to obtain a variance for the proposed driveway of the retreat lot.

            VOTE 3 – 0 – 1 (Selectman Bond abstained)

 

NEW BUSINESS

 

Request to Approve & Sign Documents for Sale of Trailer – Conservation Commission

 

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

VOTED:  To approve and sign documents for the sale of the 55’ trailer on the Morgan Property.

            Unanimous Vote.

 

Request for Permission to Conduct Fundraising Walk – Middleboro Education Association

 

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

VOTED:  To allow the Middleboro Education Association to conduct fundraising walk on Sunday, October 16, 2004.

            Unanimous Vote.

 

Request to Use Town Hall Auditorium – Veterans’ Services Officer

 

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

VOTED:  To allow the Veterans’ Services Officer to use the Town Hall Auditorium on Veterans’ Day, November 11th, from 8 AM to 2 PM, in the event of inclement weather.

            Unanimous Vote.

 

Request to Use Town Hall Lawn

 

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

VOTED:  To allow the New England Animal Rescue, Inc. to use the Town Hall front lawn on Saturday, October 22nd, from 1 PM to 4 PM, and advise that the lawn would not be available on the October 29th for a rain date.

            Unanimous Vote.

 

Letter from Karen Jason – Barden Hill

 

The Board received a letter from Karen Jason, 20 Barden Hill Road, asking for the widening, repaving, and sidewalk restoration on Barden Hill Road be stopped until she can meet with the Board to discuss concerns.

 

Mr. Healey said the Board should honor her request.  He said Don Boucher had advised her to speak to the other abutters regarding her concerns.  A petition is being circulated.

 

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

VOTED:  To postpone work on Barden Hill Road until the Board meets with Karen Jason and other neighbors on October 24th.

            Unanimous Vote.

 

 

 

 

 

OLD BUSINESS

 

Cable Negotiations - Verizon

Chairman Perkins asked the Town Manager to follow up on cable negotiations with Verizon.  He said he has received numerous calls from the representative for Verizon requesting to meet.

 

TOWN MANAGER’S REPORT

 

Town Meeting Articles

 

Mr. Healey told the Board that he had met with a number of Department Heads to further define and refine their requests and the costs involved.  The results are as follows:

 

Article 1

 

An additional Unpaid Bill in the amount of $3,449.38bmitted by the School Department.  Separate language will be needed to pay $28,230.46 in Unpaid Bills for the Water Department.

 

Article 6

 

Police Department - The original request from the Police Chief for personnel was reduced from $177,025 to $108,800.  This will keep employees at their current reduced hours of work.

 

Article 7

 

ZBA Clerk – down from $2,400 to $971 to restore hours to 25.

 

Article 8

 

Restoration of hours for one clerk – request reduced from $11,063 to $7,866.

 

Article 9

 

Building Department – filling clerks position for 33 weeks – actual figure is $10,588.

 

Article 12

 

Town Manager’s Budget – Asking for reconsideration for Sue’s replacement.  Numbers were worked into the Regular Pay Assistant to Town Manager for someone to work with Sue for two weeks and then be there for 10 weeks from mid-April to the end of June while Sue is on vacation.

 

 

Article 26

 

IT Department - $46,820.

 

Articles 36, 37, 38 and 39

 

Water Department – Articles 36 & 37 will come from Retained Earnings.  Article 38 will be a borrowing article in the amount of $250,000.

 

Article 56

 

Replacement of Trash and Recycling Trucks - $500,000 – borrowing.

 

Mr. Healey provided a copy of the revised Warrant reflecting a suggested order of Articles.  He also suggested placing $200,000 in the Stabilization Fund and transfer $200,000 from Free Cash to the Assessors to fix the tax rate.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by the Middleborough G&E Department in the amounts of $5.35 & 5.35, totaling $10.70.

Unanimous Vote.

 

OTHER

 

Resignation of Selectman Wiksten

 

The Board received correspondence from Town Counsel stating a Special Election must be held to fill the vacancy of Selectman Wiksten, as it is more than 60 days until the next scheduled election.

 

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

VOTED:  To schedule a Special Election for December 17, 2005 to fill the current vacancy on the Board.

            Unanimous Vote.

 

The Town Clerk informed the Board that nomination papers will be available tomorrow.  The last day to take out papers would be October 28th, and they would have to be submitted by October 31st.

 

Selectwoman Brunelle asked what the cost would be for the election.

 

Ms. Gates said between $8200 and $8500.  An article to supplement the budget would have to be placed. 

 

Review Town Meeting Articles

 

Mr. Healey recommended continuing to go through the ‘marked up’ copy of the Warrant as done last week, and to reconsider some articles that were discussed last week.

 

Chairman Perkins noted that the Town has received its Free Cash Certification in the amount of $1,173,45.

 

Chairman Perkins read a letter from Town Counsel regarding the Board’s question as to the effects of not funding the five (5) new police officers.

 

Attorney Murray said the retention requirement would be for one (1) position that was funded by a school related grant and would require funding through and including FY’07.  He said he was advised that retenti8n periods applicable to all other positions funded by other Justice Department grants to the Town have been fulfilled.

 

Attorney Murray advised the Board that violation of the retention requirement could result in ineligibility for participation in grant programs for a period of three years.

 

Chairman Perkins asked Mr. Healey for his recommendations regarding the votes for the articles that were discussed last week.

 

Mr. Healey suggested acting favorably on the reduced requests noted in his report.  He would recommend positive action on the Police Department’s revised supplemental request, and suggested a borrowing article for the IT Department.  He said he would not recommend funding of any capital items.

 

Selectwoman Brunelle noted that, going into the Annual Town Meeting in June, Department Heads were asked to make cuts so Free Cash would not be spent and would be available for the ensuing fiscal year.  She said the Town needs to “stop using next year’s money in the current fiscal year”.  She said she had a grave concern that the Board was “getting back into the deficit position that will call for further cuts to balance the budget”.  She added “the Town is getting back on the track we wanted to get off of.”

 

Motion was made by Selectwoman Brunelle and seconded by Selectman Bond, to commit to only those articles that were postponed from the Annual Town Meeting, and any petitioned articles.

 

Discussion ensued on the motion.

 

Selectman Bond asked what the articles were that Selectwoman Brunelle was proposing. 

 

The Board took a recess to allow Selectwoman Brunelle to look up the articles.

 

---RECONVENE---

 

Selectwoman Brunelle said the articles from the ATM included police cruisers, the Police Building Committee article, equipment for the IT Department, and purchases of a school van and fire truck.

 

Mr. Healey said that the Board had indicated last week that it was circumspect of adding back in full time employees who were laid off.  He said he was hopeful that the WM Agreement would be signed before the calendar year, allowing positions to be restored in the next budget cycle.

 

Mr. Healey said the Town has to leave as much Free Cash as possible.  He suggested restoring positions in revenue generating departments, and maintaining the current level of operation in the Police Department.  He said this would leave approximately $400,000 of unspent monies, enabling $200,000 to be put into the Stabilization Fund and $200,000 in Free Cash to take care of the $200,000 that was spent in the Spring.  He said the Board needs to work to restore the fund balance to avoid building up a new structural deficit.  But, he added the Board can’t avoid doing things that make good financial sense for this year.

 

Mr. Healey cautioned that Selectwoman Brunelle’s motion would not allow the articles for well exploration to be acted on.  He said if the Town doesn’t move forward with the St. Onge well site, it will be lost to development.

 

Selectman Andrews said he would vote against the motion, but “completely agreed with the spirit of the motion and the intention”.

 

Vote on the motion was taken.  VOTE 1 – 3 (Selectman Andrews, Selectman Bond, and Chairman Perkins against).  Motion doesn’t carry.

 

Selectman Andrews suggested encumbering money into the Stabilization Fund first.  He asked if this would be left “up for grabs” on the Town Meeting floor.

 

Mr. Healey suggested $200,000 be put into the Stabilization Fund to restore what was used in June.

 

Chairman Perkins said Town Meeting will be an exercise in futility. 

 

Selectman Andrews expressed concern with the petitioned article to restore 10 firefighter positions.

 

Mr. Healey said if that article passes, another Town Meeting will have to be held.

 

Chairman Perkins noted that concessions had been made by the firefighters which funded 2 of the 10 employees that were laid off.  He said the Town cannot afford to put the others back on at this time because we don’t have the money.

 

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

VOTED:  To encumber $200,000 of Free Cash into the Stabilization Fund, and try to show fiscal restraint to increase that amount.

            Unanimous Vote.

 

Selectwoman Brunelle noted that placing $200,000 in the Stabilization Fund, and $200,000 to the Assessors to set the tax rate, reduces the available funds to about $700,000.

 

Selectman Bond noted that all amendments suggested by Mr. Healey, would cost about $500,000.  This would still leave $200,000 to spare.

 

Motion was made by Selectman Bond and seconded by Selectwoman Brunelle, as follows:

 

To retain the following articles:

 

1, 2, 3, 4, 5, 6 ($6,555.90), 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 20, 24, 27, 31, 32, 33, 35, 36, 38, 39, 40, 41, 42, 43, 46, 47, 48, 49, 50 (if legal), 53, 54, 55, 57, 58, 59, 60

 

To exclude the following articles:

 

14, 15, 19, 21, 22, 23, 25, 26, 28, 29, 30, 34, 37, 44, 45, 51, 52, 56

 

Discussion ensued on the motion.

 

Article 6

 

Chairman Perkins apologized for not being present last week when this article was discussed.  He noted that the Board had approved $36,000 to supplement the Library Budget, and said there was no reason not to maintain the Police Department part-time positions.  He said it did not make sense to maintain the library vs. public safety.

 

Selectwoman Brunelle asked how much money could be given to the Fire Department.

 

Chairman Perkins said part-time positions can’t be maintained in the Fire Department.

 

Selectwoman Brunelle said the Board had been told the five (5) police officers would be retained through September to be certified in cruisers, and then would be laid off.  She said 8 firefighters were laid off, and this is also public safety.  She questioned how you would maintain the police officers when there is no firefighter coverage.

 

Chairman Perkins noted that the Police Department also lost 5 dispatchers, 3 clerks, and the E911 Coordinator.

 

Selectman Bond asked the Police Chief how much money the Town would risk losing in federal grants if the officers were not funded.

Chief Russell said that the Town was recently awarded a $212,000 grant to improve the radio system.  He said Homeland Security grants average about $30,000 to $50,000 per year, or about $150,000 over a three year period.

 

Selectman Bond said it would make sense to bring the officers back, and keep the E911 Coordinator.  He asked to explain the necessity for the 2 clerks and the Senior Clerk.

 

Chief Russell said that the clerks generate revenue by issuing pistol permits, and providing accident/police reports to lawyers and insurance companies.

 

Selectman Andrews noted that the E911 Coordinator is not actually a revenue generator as she facilitates residential building in Town, which in turn, costs more money.

 

Selectwoman Brunelle asked Bob Whalen if the fees generated in the Building Department also cover the E911 Coordinator.\

 

Mr. Whalen said they only cover the Building Department.

 

Chief Russell said he never indicated the E911 Coordinator was a revenue generator, but noted the inconvenience of not having this position.

 

Mr. Healey suggested cutting the amount requested for Article 22, to fund 4 firefighters, in half to $103,415 to restore two (2) firefighters.  He noted that there was $200,000 remaining with funding the other articles.

 

Selectwoman Brunelle questioned the costs of benefits.

 

Judy MacDonald said that unemployment costs that were not funded are being expended now.  It’s all in the same line item.

 

Mr. Healey also noted the Board could take a leadership role in suggesting 2 firefighters can be funded, but 10 can’t.

 

Selectman Bond withdrew article 6 from his motion.

 

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

            VOTED:  To include article 6 for $108,800.

            Unanimous Vote.

 

Chief Russell noted that the amount requested for the firefighters might fund more than 2 as it will only be for the remainder of the fiscal year.

 

 

Article 22

 

Selectman Bond withdrew article 22 from his motion.

 

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

            VOTED:  To include article 22, up to $103,415, to replace firefighters.

            Unanimous Vote.

 

Article 25

 

Selectman Bond excluded article 25 from his motion.

 

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

            VOTED:  To retain article 25.

            Unanimous Vote.

 

Article 26

 

Selectman Bond asked for an explanation from the IT Director.

 

Mr. Brunelle told the Board that the request is to purchase 12 CPUs which will finalize the replacement of all CPUs.  He said the major issue is the envelope stuffing machine, which is now costing lots of money to repair.

 

Selectman Bond excluded article 26 from his motion.

 

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

            VOTED:  To retain article 26.

            Unanimous Vote.

 

Article 30

 

Selectwoman Brunelle noted that there has been a plan in place to replace cruisers on an annual basis.  She asked if the Chief could live with 1 or 2 new cruisers as opposed to 3.

 

Chief Russell said there are currently 2 cruisers with over 100,000 miles, and another will be over by Town Meeting.  Another cruiser was totaled in an accident.

 

Chief Russell said he has some money in his insurance recovery budget.  He suggested $44,000 could be used to purchase 2 vehicles with the insurance recovery money.

 

Mr. Healey questioned if the article would be funded through borrowing.

 

Selectman Bond excluded article 30 from his motion.

 

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

            VOTED:  To include article 30 for $44,000 to purchase 2 cruisers.

            Unanimous Vote.

 

 

Article 37

 

Richard Tinkham was present.  He told the Board that this article is needed to make repairs to the building at 13 Forest Street.  The money would come from the Water Enterprise System.  The building is used for storage of materials.

 

Selectman Bond noted that, previously $21,000 has been approved.  He asked why it has now more than doubled.

 

Mr. Tinkham said the amount also includes landscaping.  He said the number is what is will take to make the building “workable” rather than “pristine”.  He explained that the work could not be done for the smaller amount that had been funded.

 

Selectman Bond excluded article 37 from his motion.

 

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

            VOTED:  To retain article 37.

            VOTE 3 – 1 (Selectman Bond opposed)

 

Articles 41 & 42

 

Chairman Perkins asked what the figures were for these articles.

 

Mr. Healey said he expected to have them by the end of the week.

 

Article 51

 

Mr. Healey explained that this article is to rezone the former St. Luke’s Hospital property.  Currently, it is zoned for business 300’ back from the street.  Then it becomes residential.  He said this has become a problem in terms of financing and use.

 

Selectman Bond questioned how the entire building could be approved for a 40B project, but not business.

 

Chairman Perkins explained that the zoning is literarily split through the building.

 

Selectman Bond excluded article 51 from his motion.

 

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

            VOTED:  To retain article 51.

            Unanimous Vote.

 

 

 

 

Article 52

 

Mr. Healey noted that the Town Accountant had suggested this article be put on because of previous advance pay questions for vacation pay.  He said it has always been allowed, but the Town Accountant has determined that it is not appropriate. 

 

Selectman Bond said the MGL determined it is not appropriate, not the Accountant.

 

Article 53

 

This article is by petition.

 

Chief Russell, Chairman of the Police Building Study Committee, told the Board that his Committee had voted unanimously to support this article.

 

Article 56

 

Selectman Bond said he did not support purchasing rubbish and recycling trucks because there is now a trash fee, and $251,000 from Waste Management will be used to purchase the old landfill equipment.

 

It was explained that the article is needed to set an expenditure for the items.

 

Selectman Bond excluded article 56 from his motion.

 

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

            VOTED:  To include article 56.

            Unanimous Vote.

 

Article 58

 

Mr. Healey said that he had asked for this article to be excluded as it may create a problem in how it impacts next year’s budget.  He said Ms. MacDonald has the same concern.  She had spoken to the DOR and has suggested keeping track in ledger entries.

 

Upon motion by Selectwoman Brunelle and seconded by Chairman Perkins, the Board

            VOTED:  To exclude article 58.

            Unanimous Vote.

 

Vote was taken on Selectman Bond’s motion.  Unanimous Vote.

 

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

VOTED:  To open the Warrant, insert an article to supplement the Special Election, and close the Warrant.

            Unanimous Vote.

 

Danielle Bowker, Library Director, told the Board that she was offended by comments made in regards to the necessity of the Library.

 

Chairman Perkins said that he had made the statement.  He explained that he is very supportive of education and the library, but when it comes down to having to make a decision as to protecting citizens or keeping the library open, he would make no apologizes for supporting the Police Department.

 

Selectman Andrews said he felt positive about the process that the Board went through tonight.  He said there had been a good discussion, and a better understanding of the articles.

 

Trash/Recycling Policy

 

Selectwoman Brunelle asked that a packet be put together to include all votes by the Board in regards to the Trash/Recycling Policy.

 

CORRESPONDENCE

 

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

VOTED:  To allow the Veterans’ Services Officer to use the third floor conference room in the Bank building on September 29, 2005 at 7 PM.

Unanimous Vote.

 

v     Discussion ensued on a letter from the Historical Commission asking to make necessary repairs to the Freight House.

 

Bob Whalen said that the problem is that the building has a slate roof.  Nails cannot be driven through to hold a tarp, and it is “tough to put a temporary patch”. 

 

Selectman Bond asked how much money it would cost to fix that area.

 

Mr. Whalen said about $3,000 to $5,000.

 

Chairman Perkins asked if a vocational school might be approached.

 

Jane Lopes said they would not be able to make the repairs because of the height.

 

Selectman Andrews suggested getting a quote from a roofing contractor.

 

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

VOTED:  To ask the Town Manager to secure quotes for a fixed and permanent repair to the Freight House building per the Historical Commission letter dated September 27th.

      Unanimous Vote.

The Building Commissioner was asked to see what might be done temporarily.

 

Ms. Lopes said the Commission had also asked to set a time to discuss what to do with the property.

 

Chairman Perkins suggested waiting for the quote for repairs, and discussing it further at that time.

 

v     Jeanne Turney has resigned from the Personnel Board.  The appointment to fill the position will be made by the FinCom.

 

v     Mitchell and Kimberly White have complied with the Stable Permit regulations.

 

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

VOTED:  Acting as the Board of Health, to rescind the pool fence height health regulation.

Unanimous Vote.

 

It was noted that the regulation conflicted with the requirements under the State Building Code.

 

v     Kevin Tinsley, President of R&K Associates, has relinquished the liquor license for the Royal Café.

 

v     The Board’s Secretary will contact DEP regarding obtaining a copy of a report concerning Hank Zion’s Auto Salvage, 124 Bedford Street.

 

v     Chairman Perkins read a letter from John Cogliano, Executive Office of Transportation, asking for the Town’s support of the efforts of MassHighway concerning Rte. 44.

 

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

      VOTED:  To send a letter of support for MassHighway.

      VOTE 3 -1 (Selectman Bond opposed)

 

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

VOTED:  To enter into Executive Session at 10:35 PM, not to return to Open Session, for discussion of Contract Negotiations.

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

            VOTE 4 – 0

 

                                               

Diane Henault, Secretary

BOARD OF SELECTMEN