SELECTMEN’S MEETING

SEPTEMBER 15, 2003

 

Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.

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

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of September 8, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of September 8, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Road Layout Acceptance – Heidi Lane – Harvestwood Development

Chairman Wiksten 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 15, 2003 at 7:05 PM to accept the layout of Heidi Lane, located off of Wareham Street in Middleborough, MA, on such terms as the Selectmen shall determine for the purposes of a Town way, such property being shown on a plan entitled "Layout & As-Built Plan of Land – Heidi Lane - in Middleboro Massachusetts", dated January 30, 2003, revised through August 19, 2003, drawn by Outback Engineering, Inc. which plan is on file with the Town Clerk’s Office." The hearing was opened.

Greg Maroney, President of Harvestwood Development, was present. He returned the green cards.

Mr. Maroney told the Board that the Planning Board has issued a Certificate of Completeness. He advised the Board that $6,300 is being held by the Planning Board in Performance Bonds for street trees and grass growth. The rest of the original bond is being released.

Selectwoman Brunelle asked how many houses were on the road. Mr. Maroney said there are currently seven (7).

The Planning Board had suggested that recording information be added to the mylar. This has been done.

Shirley Goodwin was present to represent her mother, Elsie Parker. She had concerns with the property line which "goes through the stone wall" on her mother’s property. She said she wanted to be sure that the wall is the line of the property.

Mr. Maroney said that engineers have done a complete survey and set bounds. Ruth Geoffroy and Bill Gedraitis have also checked this. The bounds, which go down the middle of the stone wall, are correct.

Selectman Rogers suggested the stakes be reaffirmed. Mr. Maroney said that there is a bound at the corner of her property line and that of the abutter.

Mr. Maroney said the wall was not part of the As-Built requirement from the Planning Board.

Hearing no further comments, Chairman Wiksten closed the hearing.

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

VOTED: To accept the layout of Heidi Lane, located off of Wareham Street in Middleborough, MA, for the purposes of a Town way, such property being shown on a plan entitled "Layout & As-Built Plan of Land – Heidi Lane - in Middleboro Massachusetts", dated January 30, 2003, revised through August 19, 2003, drawn by Outback Engineering, Inc.

Unanimous Vote.

Public Hearing – Special Town Meeting Warrant Articles

Chairman Wiksten read the following: "A public hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, September 15, 2003 at 7:30 PM for the purpose of discussing the Warrant Articles for the Special Town Meetings which will be held on Monday, September 29, 2003. Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Article 1

This is the Supplemental Budget article. The Board has recommended $634,292 for budget restoration.

Selectwoman Brunelle asked about the additional $168,000 for the mold problem in the schools. She said this could be utilized from the Stabilization Fund.

Selectman Eayrs said that there will be some insurance money available.

Chairman Wiksten felt that the School Department should not be required to come up with the entire amount for the mold. He said this was an unforeseen expenditure, and worried that cleaning costs would be cut to avoid spending further money in their budget.

The Superintendent will be asked to meet with the Board next week to give a final figure.

Article 2

This is the article for Unpaid Bills. The Board will request a figure from the Finance Committee for next weeks meeting.

Article 3

This is to transfer money from Free Cash to set the tax rate for 2004.

Article 4

This article is to transfer money to the Stabilization Fund.

Article 5

This article is for the debt obligation for the John T. Nichols, Jr. Middle School.

Article 6

This article is in regards to GASB 34.

Selectwoman Brunelle questioned why additional money was being requested, saying it was far over the original estimate.

The Board will ask the Town Clerk & Accountant for clarification.

Articles 7 & 8

These articles are in regards to a TIF agreement with STD. Manufacturing, Inc.

Article 9

This article is to ratify and confirm acceptance of land by Donald & Jennifer Borysiewicz for an aquifer/well site.

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

VOTED: To support articles 1 through 9, with the exception of articles 1, 2 and 6.

Unanimous Vote.

 

Article 10

This article is to pay damages to William Fuller.

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

VOTED: To support article 10.

Unanimous Vote.

Article 11

This article is to fund a water and sewer rate study.

Selectman Rogers noted that betterment charges will also be included in the study.

Selectwoman Brunelle said that rates for water and sewer will be reviewed.

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

VOTED: To support article 11.

Unanimous Vote.

Article 12

This article is an amendment to the Zoning Bylaws to allow the sale of liquor in the DO District.

Attorney Robert Mather was present. He explained that the original Bylaw allowed for accessory uses, but didn’t include retails sales. This was changed in the Spring at Town Meeting.

Attorney Mather said that the amendment allows the sale of whatever you produce. He said that Cirelli’s does not wholesale liquor. He explained that the law does not allow a distributor to wholesale and retail alcoholic beverages.

Attorney Mather said that he, and Town Counsel, had worked on the bylaw. He said it is a good clarification. The change would allow a wholesale food distributor within the DO District to sell alcoholic beverages. He said there is also added protective language regarding the display area and gross revenues.

Attorney Mather said that the bylaw does not say the distributor has the right to sell liquor, but allows them to ask the Planning Board for a Special Permit.

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

VOTED: To strongly support article 12.

Unanimous Vote.

Article 13

This article is for cleanup of contaminated soil at the DPW.

The Board will discuss this further next week when they have a figure for the cleanup.

Article 14

This article is a bylaw which would instruct the School Committee to make available a summary of the School Department annual budget for the year. This article was proposed by the Moderator, and supported by the FinCom.

Selectwoman Brunelle said she had a problem with this article, noting that this information can be provided through the FinCom. She said this information is already available to the public for Town Meeting.

Chairman Wiksten noted that public hearings are held on the School Department’s budget. He noted that only the "bottom line" can be debated, and feared that this will cause a lot of confusion and problems at Town Meeting because the budget cannot be amended and changed.

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

VOTED: To support Article 14.

VOTE 3 – 1 (Selectwoman Brunelle opposed)

Articles 15, 16 & 17

These articles address capital improvements.

Selectwoman Brunelle noted that the Board has not been given a final figure for article 17, which is to purchase modulars for the High School.

Selectman Eayrs said that the public will need convincing to spend $160,000 on the Town Hall and Financial Office Building.

Selectman Rogers said that $60,000 is needed to paint the Town Hall, and the remaining money is for pointing of bricks and general repairs at the Financial Office Building.

Chairman Wiksten said he could understand money for renovations, but questioned $115,000 for paving of the Burkland School parking lot, when money is needed for mold.

Selectman Rogers said the Capital Planning Committee is making the recommendations because the work needs to be done.

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

VOTED: To support articles 15, 16 and 17.

VOTE 2 – 2 (Chairman Wiksten and Selectwoman Brunelle opposed)

 

 

Article 18

This article allows the Board to negotiate a new lease for the Financial Office Building which expired on October 31st.

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

VOTED: To support article 18.

Unanimous Vote.

Article 19

This article is to accept Heidi Lane.

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

VOTED: To support article 19.

Unanimous Vote.

Article 20

This article will accept the provisions of the Early Retirement Program.

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

VOTED: To support article 20.

Unanimous Vote.

Articles 21 & 22

These articles allow the provision of water and sewer services to the Town of Lakeville.

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

VOTED: To support articles 21 and 22.

Unanimous Vote.

Article 23

This article is to amend the Zoning Bylaws to allow Agricultural Retreat Lots.

Ruth Geoffroy was present. She said this was a "spin off" of the recommendation of the Affordable Housing Committee to develop and pass estate planning.

Ms. Geoffroy said the Planning Board went "a step further" to develop lots large enough to maintain agricultural use. She said the bylaw minimizes future subdivision development. The purpose is to maintain the rural character. Lots will be five (5) times the minimum lot area in the underlying zoning.

Ms. Geoffroy explained that a minimum of 40’ of frontage restricts subdividing lots in the future.

Selectman Rogers asked about buffer zones with the bylaw.

Ms. Geoffroy said that all setbacks are 50’ from any abutters, the current setback is 10’.

Ms. Geoffroy also noted that this would be by Special Permit of the Planning Board, and not be right.

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

VOTED: To support article 23.

Unanimous Vote.

Articles 24 & 25

These articles are changes in the Zoning Bylaws to create Affordable Housing Apartments and Family Accessory Apartments.

Ms. Geoffroy noted that article 25 is "in better shape" as far as the comments from Town Counsel. She said substantive wording is needed before tomorrow night’s hearing with the Planning Board.

Selectwoman Brunelle suggested that the articles be held until the Annual Town Meeting.

Bill Gedraitis said he had not had a chance to study all of the bylaws, but concurred that they would not be ready for this Town Meeting. He said they are very lengthy, and need to be simpler.

Selectwoman Brunelle suggested department heads be asked for additional comments to refine for Annual Town Meeting.

Ms. Geoffroy said that the proposed bylaws had been sent to the Building and Health Departments.

Ms. Geoffroy also told the Board that it is very expensive to advertise zoning changes. She said that it cost $50 in certified mailings to the Towns that have to be notified. She noted that the Planning Board has to statutorily act when the recommendation comes to them.

Selectwoman Brunelle asked about staffing requirements associates with the bylaws.

Ms. Geoffroy said that one states that Town Departments will assist in helping find federal funding, develop a screening process, and screen renters. She said this is a lot of process, and the bylaw recommends fees to be waived.

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

VOTED: To hold discussion on articles 24 and 25 for further information.

 

Article 26

This is a standard article to do with Committees.

Chairman Wiksten closed the hearing.

NEW BUSINESS

Update on Budget FY’04

Request for Waiver of Hiring Freeze

Chairman Wiksten noted that the Board has been given two (2) requests to waive the current hiring freeze.

Building Department

Bill Gedraitis told the Board that his Administrative Assistant, Linda Thomas, will be retiring in October. He is asking for permission to replace her.

Selectwoman Brunelle said that this is a full time position in that department. She said she would like to see it revert back to a clerical position as opposed to an administrative assistant position. She noted that the Board had changed the position because of the considerable amount of experience that Linda Thomas has in the department. She said she did not anticipate that someone new will have that kind of experience.

Selectman Rogers agreed, saying that clerical is appropriate.

Mr. Gedraitis explained that there will most likely be two (2) open positions in his department. He said there is a strong internal candidate who is currently a part-time clerk. He would also need to replace that position.

Mr. Gedraitis said he did not agree with reverting back to a Senior Clerk position. He believed the position was created and should continue.

Selectman Eayrs noted that when the Administrative Assistant position was created, a problem had been created with the Union, because the Board had acted illegally in approving the position. He said that after negotiations, the Board was able to keep the

position of Administrative Assistant only if they agreed it would revert back when the current employee retired. He said this could be re-negotiated with the Union.

Mr. Gedraitis said that he believed this problem had been resolved. His belief was that establishing positions "in the future" would be negotiated. He said he had checked several times with the Union Steward, and felt that this was the way it was understood.

Selectwoman Brunelle said the Board had approved the position for Linda Thomas because of the time on the job, and taking on additional duties and responsibilities over and above a senior clerk level.

Selectman Eayrs said the Board would have to speak to Mike Medeiros before refilling the position.

Chairman Wiksten said he agreed with most of the members. He said that, in light of the budget situation, the position should be "tailored down". He felt an Administrative Assistant should be in charge of 3 – 4 clerical staff.

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

VOTED: To fill the position of the retiring Administrative Assistant in the Building Department as a full-time Senior Clerk, and to fill one part-time clerical position.

Unanimous Vote.

Selectman Eayrs suggested the Board send a letter to Mike Medeiros for clarification.

Chairman Wiksten said the Board needs to reaffirm that the hiring freeze was in place until we are "clear of these troubled times".

Mr. Gedraitis told the Board that there could be other positions available in his office through Early Retirement.

Water Department

Richard Tinkham, Water Superintendent, requested to fill an existing position that will become available because the employee is retiring on disability. He said it is a 4th operator position. No additional funding will be needed.

Mr. Tinkham told the Board that there is an applicant from the Wastewater Department who is also certified entry level for drinking water. This will be a lateral transfer in terms of salary.

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

VOTED: To allow the Water Department to post a position for a licensed person at the pumping station to replace an employee who recently received approval for a disability retirement.

Unanimous Vote.

Request to Rent Town Hall Auditorium – First Unitarian Universalist Society

Chairman Wiksten read a letter from Bud Soule and Jeff Stevens requesting use of the Town Hall Auditorium on Sunday, October 5th from 6:00 PM to 10:00 PM, for a square dance.

Jeff Stevens has volunteered, as a Town employee, to act as security.

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

VOTED: To grant the request made by The First Universalist Society to use the Town Hall Auditorium on Sunday, October 5th from 6:00 PM to 10:00 PM, for a square dance, and to allow Jeff Stevens to act as security.

Unanimous Vote.

Selectwoman Brunelle said she would be available to open and close the building.

Request to Approve & Sign Warrant for Dog Officer

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

VOTED: To approve and sign the Warrant for the Dog Officer regarding unlicensed dogs.

Unanimous Vote.

Request to Approve & Sign Notes – Treasurer/Collector

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

VOTED: To award the bid to Eastern Bank in the amount of $1,511,663.00 at 1.34% interest for Oliver Mills Park Restoration, Land/Water purposes, and Department Equipment.

VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

OLD BUSINESS

Sidewalk at 227 East Main Street

The Board was given pictures of the sidewalk in front of 227 East Main Street. The Board had previously received a complaint that the hedges are blocking the sidewalk.

Mr. Healey said the hedge cannot be cut back any further without damaging the viability of the hedge and the soundproofing it provides. He said the sidewalk does not extend very far beyond that location. He said the hedge has been cut back significantly.

Mr. Healey suggested the Board instruct him to instruct the owner of 227 East Main Street to maintain the cutting of the hedge to at least its current condition.

Chairman Wiksten felt the Board was treading down a dangerous road. He said the hedge is clearly obstructing the sidewalk. If there was to happen on a different street, the action would be different. He said he is adamantly against knowingly and willingly blocking the sidewalk.

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

VOTED: To direct the Town Manager to instruct the owner of 227 East Main Street to maintain the cutting of the hedge to at least its current condition.

VOTE 3 – 1 (Chairman Wiksten opposed)

 

TOWN MANAGER’S REPORT

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $2,983.75.

Unanimous Vote.

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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $11,239.35.

Unanimous Vote.

OTHER

Chairman Wiksten agreed, saying that the website is underutilized.

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

VOTED: T o instruct the Town Manager and Police Chief to meet with the owners of the Central Café to address the concerns of the abutters.

Unanimous Vote.

Mr. Healey said that once tree crews remove trees, the contractor will begin draining and paving.

CORRESPONDENCE

 

 

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

VOTED: To enter into Executive Session at 9:08 PM, not to return to Open Session, to discuss Collective Bargaining Strategy/Contract Administration.

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

VOTE 4 – 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN