SELECTMEN’S MEETING

OCTOBER 2, 2006

 

 

Chairman Perkins called the meeting to order at 7:00 PM.

 

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

Selectman Bond was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of September 25, 2006.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of September 25, 2006.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Dog Complaint – Millette – 16 East Main Street

 

Animal Control Officer, Jayson Tracy, was present.

 

Chairman Perkins opened the hearing.

 

Mr. Tracy explained that he had received three (3) complaints from 14 East Main Street regarding a barking dog.  He said he could clearly hear the dog barking after 7 PM.  The description of a mini pincher was given.  Mr. Tracy said he had gone to a house across the street from the complainant because there was a mini pincher at that address.  After the third complaint he realized the dog was actually next door.  The dog was not registered.

 

Mr. Tracy said he spoken with Dilia Lestinho, 14 East Main Street, on September 10th.  Ms. Lestinho said she had spoken with Brenda Millette, the dog’s owner.

 

Mr. Tracy spoke with Ms. Millette on September 11th regarding possible solutions, including a bark collar and bringing the dog in when she was not home.  He said the dog is still not licensed.

 

Brenda Millette told the Board that she had never had a conversation with Ms. Lestinho.  She explained that neighbors have stood at the fence causing the dog to bark.  She also told the Board that the dog had been licensed today.

 

Chairman Perkins asked if people had stood at the fence after 7 PM.

 

Ms. Millette said no.

 

Chairman Perkins asked Mr. Tracy for a recommendation.

 

Mr. Tracy said he deduced that the situation had resolved itself because he had received no further complaints since September 9th.

 

Selectman Andrews asked Ms. Millette what had changed.

 

Ms. Millette said the dog is brought into the house more often because of the cold weather.

 

Mr. Healey asked if Ms. Millette had given consideration to getting a bark collar.

 

Ms. Millette said they cost between $50 and $100.  She would purchase one when she got the money.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To find that the situation appears to have been resolved, requiring no further action at this time.

            Unanimous Vote.

 

Ms. Millette was warned that if there are additional complaints, another public hearing will be conducted.

 

Hearing (cont.) – Request for Road Layout Acceptance – Primrose Lane & Jenny Way

 

This hearing had been continued from September 25th.

 

William Eagan, the developer, apologized for not being at the previous meeting.  He returned the green cards.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To accept the layout of Primrose Lane & Jenny Way located off of    Carmel Street as shown on a plan entitled “Prelude Estates Definitive Subdivision – Middleboro, MA – Street Layout Acceptance Plan – Primrose Lane & Jenny    Way, Middleboro, MA” dated August 16, 2006 revised August 24, 2006, drawn         by Gallagher Engineering.

            Unanimous Vote.

 

Hearing – Request to Relocate Pole – Middleborough G&E Department/Verizon New England Inc.

 

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 2, 2006 at 7:30 PM, for the purpose of discussing the petition filed by Middleborough Gas & Electric Department and Verizon New England INC., to relocate one pole (139) on Wareham Street.  This petition is necessary to relocate pole 139 to accommodate a driveway for a new office complex under construction.  Anyone desiring to be heard on this matter should appear at the time and place designated”  The hearing was opened.

 

Bill Taylor, Electric Manager, was present.

 

Selectwoman Brunelle asked if the pole would be moved back far enough as to not obstruct the visibility coming out of the driveway.

 

Mr. Taylor said he believed so.  He noted that the pole has to be placed within the layout, not on private property.

 

Selectman Andrews asked if the pole would be placed on the applicant’s property or the neighbors.

 

Mr. Taylor said probably on the property line between the proposed office complex and 349 Wareham Street.

 

Selectman Andrews said he would like it to remain on the applicant’s property if possible.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To accept the petition with a note that the pole should be placed on the          applicant’s property.

            Unanimous Vote.

 

Selectman Spataro asked if Mr. Taylor was familiar with the technology of putting antennas on utility poles.

 

Mr. Taylor said the G&E has antennas on poles for its own use.  No one has ever approached the G&E about this.

 

Hearing – Request for Earth Removal Permit – Veira – 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 2, 2006, at 7:45 PM, for the purpose of discussing an application filed by Edward Veira, P.O. Box 101, Middleboro, MA  02346, for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 026 Lot 4385.  The reason for the request is for construction of a new cranberry bog and to expand an existing reservoir.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Joe Webby, Webby Engineering, was present.  He returned the green cards.

 

The applicant, Ed Veira, was also present along with Dick Johnson who will be doing the excavating.

 

Mr. Webby explained that Mr. Veira lives on Plympton Street and currently has a cranberry bog with a reservoir that serves it.  He is proposing to construct 2.79 acres of new bogs with an additional ½ acre of reservoir to support both bogs.  103,000 cubic yards of gravel will be removed.

 

Chairman Perkins asked what was being done with the “stockpiled” area.

 

Mr. Webby said that would be used for topsoil and the side slopes.  Once cleaned off the piece of land will be used to supplement trucks.

 

Mr. Webby said he estimated it will take 1 ½ years for the project.

 

Chairman Perkins asked for the route of travel.

 

Mr. Webby said 90% will go down Plympton Street to Rte. 44 and then east or west.  The other will go towards Plympton to service other bogs.

 

Chairman Perkins noted that the ConCom has already issued an Order of Conditions.

 

Mr. Healey asked Mr. Veira if access to the street would be out the same gate as Mr. Doyle.

 

Mr. Veira said yes.

 

Mr. Healey asked when the project would start.

 

Mr. Veira said as soon as possible.

 

Mr. Healey asked how many trucks per day would be used.

 

Mr. Johnson said probably 40 – 50 trucks per day, but not everyday.

 

Mr. Healey asked who would be hauling.

 

Mr. Johnson said Rezendes wants about 15,000 yards.

 

Selectwoman Brunelle asked how often 40 – 50 trucks per day would be used.

 

Mr. Johnson said it would take about 14 days to remove 15,000 yards.  He said the 1 ½ years would be to complete the entire project.

 

Selectman Andrews noted that the additional trucks would shorten the length of time to complete the project.

 

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 Edward Veira, P.O. Box 101, Middleboro,          MA  02346, for an Earth Removal Permit for property located on Plympton         Street, Middleborough, MA, Assessors Map 026 Lot 4385, for construction of a           new cranberry bog and to expand an existing reservoir, for a period of 18 months.

            Unanimous Vote.

 

The Order of Conditions will be set on October 16th at 7:35 PM.

 

Hearing – Charges against Sunoco – 414 West Grove Street – Liquor License Violation – Sale of Drug Paraphernalia

 

Chairman Perkins read a letter from the Board to Gary Bourne, owner of Bourne Petroleum, 414 West Grove Street, requesting that he attend tonight’s hearing to discuss the sale of drug paraphernalia at Sunoco, 414 West Grove Street.

 

Lt. Charles Armanetti and Detective Joseph Perkins were present.  Chairman Perkins disclosed that Det. Perkins is no relation.

 

Lt. Armanetti told the Board that there had been a report of drug paraphernalia being sold at the Sunoco station at 414 West Grove Street.  Det. Perkins investigated and obtained a search warrant.  The area was secured and pictures were taken.  In addition to drug paraphernalia and rolling papers, hardcore pornography was also displayed in the form of DVDs and video cassettes.  The material, which was visible to young children, displayed explicit pictures including bestiality.  The videos were confiscated.

 

Mr. Healey said this is a zoning violation because it should be in the adult district which is located in South Middleboro near the Rochester line.

 

Chairman Perkins asked how much material was confiscated.

 

Det. Perkins said three (3) cardboard boxes containing 50 items.

 

Det. Perkins told the Board that he had received information in the first week of September regarding the sale of marijuana pipes to individuals not to be named.  The individual was asked to go in and make a controlled purchase of a pipe. 

 

On September 7th Det. Perkins went into the establishment and observed a glass display case with pipes.  He then applied for a warrant.  2 undercover officers purchased a pipe and screens to be used in a pipe by a person who said he was the “owner”. 

 

$14,000 worth of marijuana pipes, hookas, and bongs, which were kept out back, were discovered.  Pictures of this were given to the Board.

 

MGL 94C section 32(I) requires businesses that sell rolling papers, or cigar rolling paper, to place an advertisement advising it is for tobacco use only.  There was no cigar tobacco for sale in the store, and only a package of old cigarette tobacco.

 

Illesh Patel told the Police that he was the owner of the establishment.  Det. Perkins noted that Mr. Bourne’s name was never mentioned in the course of the investigation.  He learned of Mr. Bourne only after speaking to the Board’s Secretary.

 

Gary Bourne is the Liquor License holder for 414 West Grove Street.  Any illegal activity could result in penalties to the holder.

 

Gary Bourne and his attorney, Ed Roster, were present.

 

Mr. Healey noted that in a report from the Police Chief the owner (Patel) was instructed to remove rolling paper until a sign could be posted.  He asked if the materials were being displayed again.

 

Lt. Armanetti said they are being displayed.  He said he wasn’t sure the sign meets the requirements, but would check.

 

Selectman Andrews asked when the Police first became aware of the illegal sales.

 

Det. Perkins said the beginning of September.  The search was executed on September 8th.

 

Selectman Andrews asked if Det. Perkins had any idea how long the sales had been going on.

 

Det. Perkins said no.  He said a Show Cause hearing is scheduled against Mr. Patel at the Wareham District Court on the 18th. 

 

Attorney Roster asked the officers if there was a sign on the display case when they had gone in.

 

Det. Perkins said there was.

 

Attorney Roster verified that the sign said purchasers have to be 18 years old and it is to be use for tobacco use only.

 

Det. Perkins said it did.  He noted that the undercover officers made reference to using the materials that they purchased to consume marijuana.  Statements from Mr. Patel are part of the investigation.

 

Attorney Roster asked if the warning complied.

 

Det. Perkins said it was appropriate for the rolling papers, cigar blunts, and cigarette rolling papers.  There was no warning for the marijuana pipes which are illegal in nature.

 

Lt. Armanetti said the sign requirement was met, but there was no tobacco being sold.  He noted that marijuana grinders and scales were also taken.  The totality constitutes use for marijuana use.

 

Attorney Roster asked for the significance of selling screens with pipes.

 

Det. Perkins explained that the screens are placed in the bottom of a marijuana pipe for air to circulate so that the hole does not get clogged.

 

Attorney Roster asked if it would also work with regular tobacco.

 

Det. Perkins said he had no idea.

 

Attorney Roster noted that the sales were made with Illesh Patel, not Gary Bourne.  He said Mr. Bourne holds the liquor license, but Mr. Patel has the tobacco license.  Mr. Bourne owns the building.

 

 

Attorney Roster said Mr. Bourne had asked Mr. Patel if the items were legal.  He was told they were.  He also noted that there are a number of State Police officers who regularly go to the store.  Nothing had ever been mentioned to Mr. Bourne.  He also verified that the bongs weren’t on display, but located in the back of the store.

 

Det. Perkins said the bongs and hookas were in the office, and each had a price tag.

 

Attorney Roster said Mr. Bourne is the liquor license holder and is supposed to take appropriate action if he knows of wrongdoing.  He was told there wasn’t anything wrong, and was surprised by the recent events.  He said Mr. Bourne runs a decent establishment.  He said he respectfully asked that a warning be issued as Mr. Bourne was not part of what was going on.

 

Chairman Perkins said the issue of pornography had not been addressed.

 

Attorney Roster said he agreed it was not appropriate.

 

Mr. Bourne said he has taken “aggressive action” to eliminate all of the items from the facility.  He said it was “confusing” because lots of law enforcement are good customers.

 

Chairman Perkins asked Mr. Bourne to explain his relationship with Mr. Patel.

 

Mr. Bourne said he spends a great deal of time upstairs in his office.

 

Selectman Andrews asked if Mr. Bourne paid Mr. Patel.

 

Mr. Bourne said he receives the revenues that he generates.

 

Chairman Perkins asked who sells the beer and wine.

 

Mr. Bourne said Mr. Patel does.

 

Selectwoman Brunelle asked who purchased the videos.

 

Mr. Bourne said Mr. Patel did.

 

Selectwoman Brunelle asked if Mr. Patel is leased a part of the building.

 

Mr. Bourne said the items on the shelves are Mr. Patel’s.  He decides what to sell.

 

Mr. Bourne said a basic rental fee is assessed.  He controls the beer and wine and the fuel.

 

Selectman Andrews noted a previous alcohol violation of sales to a minor.

 

Mr. Bourne said there has been only 1 violation.

 

Selectman Andrews asked Mr. Bourne if it had occurred to him that the videos were inappropriate.

 

Mr. Bourne said he was “not pleased about it”.

 

Mr. Healey asked Mr. Bourne how many gas stations he owns.

 

Mr. Bourne said 6 in Massachusetts and 2 in Vermont.

 

Mr. Healey asked how many Mr. Bourne manages.

 

Mr. Bourne said 4.

 

Mr. Healey asked if he is in the establishment on a daily basis.

 

Mr. Bourne said yes.

 

Mr. Healey reiterated that Mr. Bourne finances the beer and wine.

 

Mr. Bourne said he has responsibility for stocking, and purchasing equipment to check IDs.

 

Mr. Healey said the person who doesn’t have control over the sales is actually listed as the manager.  He said Mr. Bourne needs to manage the premises or not have a license there.

 

Selectman Spataro asked if transactions for purchases go through Mr. Bourne’s machines.

 

Mr. Bourne said there are 2 credit card machines.  He is tied to the one for fuel, which can also be used for “mixed” purchases.

 

Mr. Healey asked why Mr. Patel wasn’t present tonight.

 

Mr. Bourne said he had been requested to meet with the Board, not Mr. Patel.

 

Mr. Healey said owners who are called in frequently bring employees with them.  He asked if Mr. Patel was not here “by design”.

 

Mr. Bourne said he did not ask him to come in.

 

Mr. Healey asked how long Mr. Patel has worked for Mr. Bourne.

 

Mr. Bourne said 3 years.

 

Mr. Healey asked if Mr. Patel is “fairly well off”.

 

Mr. Bourne said no, noting it is a tough living.

 

Mr. Healey noted that $14,000 worth of merchandise was confiscated.  He asked who would pay if Mr. Patel could not get this back to his supplier.

 

Mr. Bourne said that would be Mr. Patel’s problem.

 

Mr. Healey asked whether Mr. Patel financed this part of the business.

 

Mr. Bourne said no.

 

Selectman Andrews said there were 4 issues for the Board to deal with:

 

1.                  The Liquor License

2.                  Drug Paraphernalia

3.                  Hardcore Porn

4.                  Relationship between Mr. Bourne and Mr. Patel

 

Selectwoman Brunelle noted that ABCC regulation 204 CMR 2.05(2) states that no licensee shall permit any illegality to occur on the licensed premises.  The licensee is responsible, whether present or not, for ensuring that no disorder, disturbance, or illegality takes place in or on a licensed premises.  She said Mr. Bourne should be held responsible.  She said the zoning issue with the pornography should also be addressed.

 

Selectman Spataro noted that the drug violations are going through the Court system.

 

Chairman Perkins said he has a serious issue with the management of the liquor license.  He said it sounds like the License is being subleased which is clearly prohibited.

 

Mr. Healey asked Mr. Bourne if he wanted the people in the room to believe that he didn’t know what the paraphernalia being sold was used for.

 

Mr. Bourne said no, that he was surprised that the items were able to be sold.  He again noted the number of officers that come through the store.

 

Selectman Andrews said he didn’t accept Mr. Bourne “panning off his responsibility”.

 

Selectman Andrews asked Mr. Bourne if it had ever occurred to him that the sale of the pornography was a violation.

 

Mr. Bourne said no.

 

Attorney Roster said that is a zoning violation, not a criminal violation.  He said the Board is asking his client to know it’s a zoning violation.

 

Selectwoman Brunelle said it is up to the licensee to be aware of what is legal and illegal.  She said it is his responsibility to obtain the Town’s bylaws to find out what you can and can’t have for sale.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Motion was made by Selectwoman Brunelle and seconded by Selectman Spataro to find violations of the sales of illegal drug paraphernalia and suspend the Liquor License for a period of 30 days.

 

Chairman Perkins agreed with the motion saying the allegations have been proven and “go beyond common horse sense”.  He said, if the license is suspended, Mr. Bourne needs to clean up his act and decide how he wants to run his business.  If he is not going to manage the business, he needs to approach the Board with whoever the manager is going to be.

 

Selectman Spataro felt that 30 days was “too light”.

 

Selectman Andrews noted that reference to the zoning violation had been left out.

 

Chairman Perkins said that is a separate issue.

 

Selectman Andrews said he wanted to ask Town Counsel what sanctions the Board has.

 

Selectwoman Brunelle said this hearing was for a Liquor License violation for the violation of preventing illegalities.  She said the zoning issue is separate and Town Counsel could be looked to for guidance.  As the licensing authority, the Board has the right to issue sanctions for blatant violations of the liquor license. 

 

Chairman Perkins said he was in favor of the 30 days, giving Mr. Bourne the opportunity to “clean up his act” and come back to the Board to tell who the manager will be.

 

Selectman Spataro suggested continuing the hearing for 2 weeks to see how stringent the Board could be with a penalty.  He suggested the 30 days be given at the time of Thanksgiving and Christmas.

 

Vote on motion.  4 – 1 (Selectman Spataro opposed)

Motion carries.

 

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

            VOTED:  To ask Town Counsel what course of action can be taken for the zoning        bylaw violation of the sale of pornography not within the adult entertainment   district.

            Unanimous Vote.

 

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

            VOTED:  To ask Mr. Bourne to return, within 30 days, to present a plan as to how       he intends to manage the liquor license.

            Unanimous Vote.

 

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

            VOTED:  To make the 30 day suspension effective immediately.

            Unanimous Vote.

 

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

            VOTED:  To set a date certain, at the discretion of Chairman Perkins and the    Board’s Secretary, to hold a hearing regarding the violation of the zoning bylaw.

            Unanimous Vote.

 

It was the consensus of the Board to schedule a hearing for November 13th, pending a response from Town Counsel.

 

Selectman Spataro suggested the Police Department be asked to make periodic checks of establishments for sales violations.

 

Chairman Perkins said that should be left up to the Police Department.

 

Jeanne Spalding noted that the Health Department does routine inspections and would be happy to provide information to the Police Department.

 

NEW BUSINESS

 

Accept Orders of Taking

 

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

            VOTED:  To approve and sign the Orders of Taking for Amanda Street, Tarragon        Lane, Upland Drive, and Becca Lane.

            Unanimous Vote.

 

Approve Special Town Meeting Warrant for Publication

 

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

            VOTED:  To refer the zoning articles to the Planning Board for a public hearing.

            Unanimous Vote.

 

Mr. Healey told the Board that Joe Ciaglo is requesting an additional article for the disposal of liquid sludge. He said this is needed because of the Landfill being closed.  It is currently costing $30,000/month. 

 

Mr. Healey said that Mr. Ciaglo had missed the deadline for submitting articles, and asked that the Board make an exception.

 

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

            VOTED:  To open the Warrant.

            Unanimous Vote.

 

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

            VOTED:  To insert an Article for sludge disposal in the Warrant.

            Unanimous Vote.

 

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

            VOTED:  To close the Warrant.

            Unanimous Vote.

 

Chairman Perkins said he was “not happy” about opening the Warrant for the additional Article because it “wasn’t fair to other Department Heads” who missed the deadline.

 

 

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

            VOTED:  To publish the Warrant as amended.

            Unanimous Vote.

 

Set Date for Classification Hearing

 

Selectwoman Brunelle said this needs to be done after Town Meeting.

 

Mr. Healey said that the books would probably be closed today.  He said Diane Dizura, DOR, will be here on Wednesday.  The Town should then have a good idea as to the amount of Free Cash to be certified.

 

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

            VOTED:  To schedule the Tax Classification Hearing for November 6, 2006.

            Unanimous Vote.

 

Chairman Perkins asked Mr. Healey to get the figures to the Board as soon as possible.

 

Request to Rent Town Hall Auditorium – MHS Class of 2001

 

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

            VOTED:  To approve the request of the MHS Class of 2001 to rent the Town Hall       Ballroom for a class reunion to be held on Saturday, November 25, 2006 from         12:00 Noon to 12:00 Midnight, subject to obtaining a One Day Liquor License and required Health Permits.

            Unanimous Vote.

 

Selectman Spataro suggested the letter congratulate the Class on its 5th year reunion.

 

Request for Common Victualer License – M&O Pizza and Deli – 3 East Grove Street

 

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

            VOTED:  To grant a Common Victualer License to Olafur T. Petursson d/b/a    M&O Pizza, 3 East Grove             Street, subject to a final inspection by the Health            Department.

            Unanimous Vote.

 

Request for Permission for Fundraising Walk – Middleboro Education Association

 

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

            VOTED:  To approve the request of the Middleboro Education Association to hold a fundraising walk on October 15, 2006 at 1 PM.

            Unanimous Vote.

 

 

OLD BUSINESS

 

Mr. Healey said there was no new information regarding these items.

12 Highland Street (waiting for decision)

 

Downtown Parking

 

Lakeville IMA

 

 

TOWN MANAGER’S REPORT

 

Office of Economic & Community Development Program Income Request

 

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

            VOTED:  To authorize the OECD to sign a budget amendment to program        income funds from the Massachusetts Department of Housing and Community             Development through their electronic system.

            Unanimous Vote.

 

Town Meeting Warrant Articles

 

Mr. Healey said he has been working with the Board’s Secretary and Attorney Murray to get the articles in a form for the Board’s review.  He said he is concerned with the number of articles.  The articles will be prioritized once the Free Cash amount is known.

 

Chairman Perkins reminded everyone that the public hearing is scheduled for 2 weeks from tonight.

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay the bill submitted by Verizon in the amount of $25.46.

            Unanimous Vote.

 

OTHER

 

Cost Benefit Analysis – Parks’ Property

 

Chairman Perkins noted correspondence from Town Counsel that this item can be discussed in Open Session.

 

It was suggested that this be discussed in connection with the Town Meeting Article at the public hearing scheduled for October 16th.

 

Discussion – Interim Assistant Town Manager

 

Mr. Healey told the Board that he has requested a supplement of $8,600 for an interim Assistant Town Manager.  He reminded the Board that he had made a presentation in April and is asking that the Board take this step now.  He said it is critical to a successful transition.

 

Mr. Healey said he recommended appointing Jeanne Spalding as the interim Town Manager.  He said Ms. Spalding has a Masters Degree in Public Administration in addition to health degrees and training.  He said she is “uniquely suited” to step into this role.  She would work with Mr. Healey between now and June.

 

Mr. Healey said his Assistant will also be out on maternity leave sometime in February.  He said he was not sure how long she’ll be out.  Mr. Healey said the situation demands attempts to provide some continuity in terms of knowledge of what’s going on in the community.

 

Chairman Perkins suggested this be discussed during the public hearing in 2 weeks.

 

Selectman Andrews questioned the proposed salary of $80,000.

 

Mr. Healey said this is typical pay for an Assistant Town Manager.  He said a new Town Manager will be salaried at $125,000 - $140,000.  Ms. Spalding’s current salary is $62,342. 

 

Selectman Andrews noted that, should the Board decide to go forward this, sometimes an increase in position doesn’t always come with an increase in salary.  He noted Danielle Bowker.

 

Chairman Perkins said he didn’t think this was “the right way to go”.  He said the Board needs to make a decision of whether or not an Assistant Town Manager is needed.  Once that decision is made, a search process should be initiated.  He said it might be Ms. Spalding, and it might not.

 

Mr. Healey said the Board has to consider doing something now.  He said his proposal involves very little additional funds for a temporary interim position with no commitment to continue once a new Town Manager is hired.

 

Mr. Healey questioned how the transition will get done noting that institutional memory cannot be done in an exit memo.

 

Chairman Perkins asked how it was done before.

 

Mr. Healey said he worked with the previous Town Manager, Anders Martenson, for 2 weeks.  He said it was very difficult and a “lot of learning curve”.  He said there has never been a period, since 1985, where the office didn’t need more help.

Selectwoman Brunelle said she had nothing against Ms. Spalding, but wanted an opportunity to “digest” the proposal more.  She asked Chairman Perkins about the Search Committee’s timeline.

 

Chairman Perkins said that the Committee will meet on October 10th with Mark Morse, a consultant who was recently hired.  A timeline will be developed.  He said there won’t be much change before the first of the year.

 

Selectwoman Brunelle asked if the Committee had discussed an “interim” Town Manager.

 

Chairman Perkins said they had and would be talking about it again shortly.

 

Selectwoman Brunelle suggested that, in the meantime, everything be in written form, “just in case”.

 

Mr. Healey said there are lots of things that can’t be put in an exit memo.

 

Selectwoman Brunelle said it should be a status report for the Board.

 

Dog Restraint Hearings – Orders

 

Chairman Perkins noted that Town Counsel has made suggested changes on the wording of the orders concerning dog hearings that were held on September 11th.

 

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

            VOTED:  To rescind the September 11, 2006 vote of the Board in regards to the          McCarthy dog complaint hearing and voted to take action as follows:

            To order Robyn Lee McCarthy, owner of the dog Misty, to purchase an anti-bark        collar for use on Misty and to install and use such collar on Misty by causing the      collar to be worn around the dog’s neck on a regular basis, such purchase,          installation and use of the collar to be done not later than October 9, 2006.

            The board further moved to rescind the September 11, 2006 vote of the Board in          regards to the Cheromcha dog complaint hearing and voted to take action as         follows:  To order Laura Cheromcha, owner of the dog Luke, to construct a pen             on her property at 18 Cherry Street, such pen to be approved by Jayson Tracy,             Middleborough Animal Control Officer, to keep and confine the dog in the pen and to purchase and use an anti-bark collar for use on Luke and to install and use           such collar on Luke by causing the collar to be worn around the dog’s neck on a            regular basis, such purchase, installation and use of the collar to be done not later           than October 9, 2006.

            Unanimous Vote.

 

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

            VOTED:  To amend the motions to give October 16th as the deadline.

            Unanimous Vote.

 

 

Town Counsel also suggested that the parties be notified that, pursuant to MGL Chapter 140, Section 157, they have the right to petition the district court within 10 days to review the order.

 

Selectwoman Brunelle asked Jayson Tracy if the motions were consistent with what he had requested in a letter to the Board.

 

Mr. Tracy said they were.  He said the initial votes of the Selectmen could not be done.

 

Middleboro Democratic Town Committee

 

An announcement was made of “Christopher Columbus Night” featuring Tom O’Brien as the Guest of Honor on Saturday, October 14th at the Elks Lodge beginning at 6PM.

 

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

            VOTED:  To issue a Proclamation for Tom O’Brien.

            Unanimous Vote.

 

Town Accountant

 

Selectman Spataro told the Board that he had spoken to Eileen Gates and Sandy Bernier in regards to his suggestion to ask Ms. Gates if she would be interested in also being Town Accountant.

 

Selectman Spataro said that Ms. Gates and Ms. Bernier both believe this is a 2-person job.

 

Selectman Spataro asked if the Board would consider contacting other towns to see if the administrative function s of a Town Accountant could be “shared” by 2 towns.

 

Chairman Perkins said he wasn’t sure it could be done because of the way the statute reads.

 

Selectwoman Brunelle said the functions and responsibilities of a Town Accountant make it sufficient for a full-time person. 

 

Mr. Healey agreed that it is not a part-time position.

 

Chairman Perkins said the Plymouth County Selectmen’s Association is discussing areas where there would be a common benefit, such as hiring 1 auditor for all towns to get a better rate.

 

 

 

CORRESPONDENCE

 

v     The Board received correspondence from Joe Correia asking for the status of a previous Town Meeting vote to allow the elderly to volunteer for a reduction in taxes.

 

      Selectwoman Brunelle explained that when this was voted, a commitment was made            to Town Meeting that the funding would be through donations.  To date, none have           been received.

 

      It was the consensus of the Board to have a future discussion in regards to going back         to Town Meeting to see if Town Meeting would be willing to allocate some funds through the Overlay account.

 

v     A notice regarding a Grant Alert will be forwarded to Anna Nalevanko.

 

v     Correspondence from the Department of Revenue regarding exemptions for Veterans will be forwarded to Paul Provencher.

 

 

 

 

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

VOTED:  To adjourn at 9:43 PM.

            Unanimous Vote.

 

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN