SELECTMEN’S MEETING

SEPTEMBER 27, 2004

 

 

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

 

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

Selectman Wiksten was absent.

 

 

SELECTMEN’ MINUTES

 

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

            VOTED:  To approve the Minutes of September 20, 2004.

            Unanimous Vote.

 

 

v     Selectman Bond announced the birth of his daughter, Avary Mae Bond, who was born on September 21, 2004.

 

v     Chairman Perkins announced an Affordable Homeownership Lottery for Tispaquin Farms on Tispaquin Street.

 

Income guidelines and preferences were listed.  Selectmen will be by lottery.  The deadline for applying is October 6, 2004.

 

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Title V Variance – 141 Wareham Street

 

The hearing was opened.

 

Catharine Hasset, Assistant Health Officer, was present.

 

Darrin Michaelis, Azor Land Sciences, was present.

 

Mr. Michaelis explained that the request was for a variance from the property line to the septic tank.  It is on a lot which contains two (2) dwellings. 

 

Mr. Michaelis said he is asking for approval subject to approval of a ‘land swap’ between the abutters.  This will eliminate the need for an easement, and any future problems.

 

The abutter was present, and had no objections.

 

Ms. Hassett said she supported the request.

 

Hearing no further comments, the hearing was closed.

 

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

VOTED:  To approve the request for a Title V Variance for property located at 141 Wareham Street, Middleboro, MA as follows, subject to the approval of a Form A landswap.

1.      Reduction of the setback of the proposed septic tank from the new property line from 10’ to 4’ per 310CMR Section 15.405(1)(b).

Unanimous Vote.

 

Request for Smoking Variance – Middleboro Skilled Care Center

 

Catherine Hasset told the Board that the Director of the Middleboro Skilled Care Center had been asked to attend tonight’s meeting.  He was not present at the scheduled time.

 

Ms. Hassett explained that the Board had asked Middleboro Skilled Care Center to implement a “phase out” plan for smoking in the facility.  She said the Director has indicated that the facility did not wish to do this.

 

Discussion ensued.  Selectman Bond suggested Town Counsel be contacted to see if the Board had the right to force a facility to phase out smoking.

 

Selectwoman Brunelle said she didn’t believe the Board could, noting this was a private facility.

 

Chairman Perkins said he did not have a problem with the request made by the Skilled Care Center.

 

Upon motion by Chairman Perkins and seconded by Selectman Andrews, the Board

VOTED:  To approve the waiver to allow smoking at the Middleboro Skilled Care Facility.

            VOTE 3 – 1 (Selectman Bond opposed)

 

Request for Smoking Variance – Hannah BG Shaw Home

 

Chairman Perkins noted that the request included a phase out plan to become a non-smoking facility.

 

Upon motion by Selectman Bond and seconded by Chairman Perkins, the Board

VOTED:  To approve the request for a waiver to allow smoking at the Hannah BG Shaw Home.

            Unanimous Vote.

 

 

Hearing – Request for Title V Variance – 6 Woloski Park

 

Selectwoman Brunelle opened the hearing.

 

John Churchill, JC Engineering, Inc., was present.  He told the Board that prior variances for this property had been approved.  However, the request is being modified as a result of a follow up inspection at the neighbor’s property.

 

Mr. Churchill said the request is the best position for the well with the least amount of variances.  It does not interfere with any other systems in the area.

 

Ms. Hassett said the Health Department supports the request.

 

Hearing no further comments, Selectwoman Brunelle closed the hearing.

 

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

            VOTED:  To approve the request for a request for a Title V Variance for property located at 6 Woloski Park as follows:

 

1.                  A 4.0’ variance (10.0’ – 6.0’) for the setback from the leaching facility to the westerly property line.

2.                  A 5.0’ variance (10.0’ – 5.0’) for the setback from the leaching facility to the southerly property line.

3.                  A 30.4’ variance (100.0’ – 69.9’) for the setback from the leaching facility to the proposed well on the lot.

An additional variance to perform a sieve analysis in place of a standard perc test was also approved.

Unanimous Vote.

 

Public Hearing – Review Warrant for Special Town Meeting

 

The Board discussed the Articles for the October 4th Special Town Meeting.

 

Mr. Healey informed the Board that the Peirce Trustees, in addition to funding $81,246 for police cruisers, have also agreed to pay $37,000 for the phone systems in Articles 12 & 13, repairs to the cupola on the Town Hall ($4,880), and 77 double-hung windows in the Bank Building ($59,853).

 

Mr. Healey told the Board that the Treasurer/Collector had talked to Bond Counsel, who suggested no to add any bonded debt at this meeting.

 

Article 1

 

Supplement Budget Requests – Total $17,971.11 from Water Department Retained Earnings, and $40,915.64 from available funds.

 

Article 2

 

Unpaid Bills – total $4,285.81 from available funds.

 

Article 3

 

This Article is for Chapter 90 money in anticipation of reimbursement.

 

Article 4

 

This is a housekeeping Article that was inadvertently left off the Annual Town Meeting Warrant.  It allows residents to borrow for repairs to septic systems.  In return, betterments are assessed against their property.

 

Selectwoman Brunelle suggested a handout at Town Meeting that explains this Article.

 

Article 5

 

This Article is to replace current weights and measures equipment that was condemned by the State.

 

Mr. Healey will ask Charlie Norvish if the old equipment has any value.

 

Article 6

 

This Article updates fees for sealing weighting and measuring devices, which have not been updated for 14 years.

 

Articles 7 & 9

 

These Articles are to hear the reports of the Police Station Building Study Committee and the DPW Building Study Committee.

 

Articles 8 & 10

 

These Articles are for money for engineering and architectural services in regards to Articles 8 & 10.  Mr. Healey suggested that the Town find another way to deal with them, noting the suggestion not to borrow.

 

It was suggested that the amount be reduced from $37,500 to $10,000 to do a Feasibility Study.  Mr. Healey suggested that the Peirce Trustees be contacted.

 

Ginny Landers reminded the Board that a new law requires the Town to hire a Project Manager before the designer selection process is started.  A Feasibility Study could be done.

 

Ms. Landers said the cost of the hiring a Project Manager is not yet known, as well as the amount the State will reimburse the Town.

 

Tom White suggested taking part of the cost for the DPW Feasibility Study from the Water and Sewer Enterprise Account because they will be part of the new building.

 

Selectwoman Brunelle said she didn’t know if this could be done.  Mr. Healey said he would look into this.

 

Chairman Perkins suggested the Peirce Trustees be approached.  He also said the motions within this Article will have to be very specific, for a Feasibility Study only.  This does not require a Project Manager.

 

Article 11

 

This Article, requested by the Town Accountant, is for money for GASB 34.

 

Selectwoman Brunelle said she had questions regarding the amount requested ($35,000).

 

It was the consensus of the Board to invite the Town Accountant to meet with them before next week’s Special Town Meeting for an explanation.

 

Articles 12 & 13

 

These Articles will be tabled because the Peirce Trustees have agreed to fund new phone systems for the Town Hall, Bank Building, and Police Department.

 

Article 14

 

This Article is to pay the DEP for work incurred at the Gurney Lot.  Mr. Healey said he thought the Town had paid this previously, and said he would check into it.

 

Article 15

 

Rose Correia, Agent for the ConCom, and Mike Brady, a member of the ConCom were present.

 

This Article requests $12,641 to increase a part-time clerk’s position from 19 hours to 25 hours due to the increase in work in the office.  This would make the position a part-time Union position, which would be eligible for benefits.

 

Selectwoman Brunelle asked if the position was currently funded within the ConCom’s budget.

 

Ms. Correia said it was not.  She said the current position is paid from fees.  She explained that the FinCom would like the new position funded out of the regular budget, not fees.

 

Mr. Healey asked what the current balance was in the fee account.

 

Ms. Correia said $34,000.

 

Mr. Healey said there was already “room” for 19 hours.  He said the concern was for future years when it might not be covered.  He asked if the position could be fully funded for this year.

 

Ms. Correia said it could.

 

Selectwoman Brunelle clarified that the request for $12,641 was to complete this year to increase weekly by six (6) hours, not taking more money from the fee account.

 

Selectwoman Brunelle said it was appropriate that this Article was a separate request from Article 1.  She said the Board has requested Job Descriptions for new personnel, and a recommendation from the Personnel Board for salary.

 

Chairman Perkins said the problem is that the Town doesn’t have the money to create a position for the six (6) additional hours.  He said the salary increase would be $4,100.  He said it sounded like the extra hours were being added to get the benefit package, of which he would be adamantly opposed.

 

Ms. Correia said the intention is to have someone in the office 5 days/week, 5 hours/day.  Right now, the clerk works 3 days/week.

 

Ms. Correia explained the increase in the workload in the office, and the amount of traffic in the office.  She said the work load no longer slows down during the winter.

 

Mr. Brady said he was present to support the Article.  He said with the increased workload, the position is absolutely necessary.

 

Selectman Andrews said he wanted to underscore the problem right now.  He said the Board needs to start having meetings and making decisions on creating new positions.

 

Mr. Brady said the concern of the ConCom is that at some point the filing fees would not cover the cost of the position.

 

Ruth Geoffroy pointed out that, until January, the position had been included in the budget.  The position was cut from the budget and shifted to be funded through filing fees.  She noted that there is another request under Article 1 to increase a part-time position.  She said the Board needs to be consistent.

 

Chairman Perkins noted that the request under Article 1, by the Health Department, is different because fees from the Health Department go to the General Fund.

 

Discussion ensued on the filing fees.  Chairman Perkins said he had never seen legislation that would allow a revolving account that didn’t have to be approved by Town Meeting.  He also suggested that the Town Manager contact Town Counsel to ask why the fees don’t go to the General Fund.

 

Selectwoman Brunelle said there was also legislation regarding that.

 

Mr. Healey suggested giving future consideration to using the revenue funds as an offset to the ConCom budget, such as the COA.

 

Chairman Perkins suggested the Article be tabled until the Spring Town Meeting.

 

Article 16

 

The Treasurer has asked that this Article be tabled.  The Peirce Trustees have agreed to pay for windows in the Bank Building, and repairs to the cupola at the Town Hall.

 

Chairman Perkins asked for an estimate to update the electricity on the third floor of the Bank Building, noting that the Peirce Trustees could be asked to also fund this.

 

Selectwoman Brunelle said the Board had a recommendation from the previous Building Commissioner as to the cost, which was approximately $75,000.

 

Article 17

 

This Article will transfer money from the Water Enterprise System to develop a new public supply well.

 

Article 18

 

This Article will put money into the Stabilization Fund.  Mr. Healey said this could be $300,000.

 

Article 19

 

This Article balances the budget.

 

Article 20

 

Eileen Gates, Town Clerk, was present.  She submitted this Article to change the date of the Annual Town Election to the second Tuesday in April.  Currently, voting is held on Saturday.

 

Mr. Gates explained that access to State information is necessary during elections.  She said the State has shut down the computer system 9 times during the last 12 months.

 

Selectman Bond, who had spoken to Ms. Gates, said there could also be some savings in overtime.

 

Chairman Perkins asked if the Secretary of State’s office was contacted when the Town holds an election.

 

Ms. Gates said no.

 

Selectwoman Brunelle asked if they could be contacted to avoid shutting down on that day.

 

Selectman Andrews said Ms. Gate’s intentions were well placed, but he questioned what’s best for the citizens.

 

Approximately 3% more vote on Saturday.  The savings would be $450.00.

 

Ms. Gates said she would contact the State in regards to notifying them of the election date.

 

Articles 21 & 22

 

Ms. Geoffroy explained these are amendments to the Zoning Bylaws.  One Article will eliminate “lightening bolt lots”, and require a lot to be fairly rectangular.  The other is a housekeeping Article regarding the shape factor line.

 

The Board will vote on their positions on the Articles before the Town Meeting.

 

Meeting with Water Superintendent – RE:  Cleaning & Lining Contract

 

Richard Tinkham was present.  He updated the Board on recent developments in regards to the Cleaning & Lining Contract.  A revised completion date is being requested.  The change will be from October 12, 2004 to November 20, 2004.  He said the time extension is reasonable, and won’t add to the cost of the project.  There could be an increase of $20,000 in Police Details, and $30,000 for additional engineering inspections.

 

Also, a request is being made to clean and line the 12” water main at the tank at Wareham Street to Barden Hill.  This had been eliminated because it was thought that it had already been lined.  It has not.  The additional cost will be $25,000.

 

The total renovations would be $75,000.

 

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

VOTED:  To approve the revised completion date and additional expenditures for the Cleaning & Lining Contract.

            Unanimous Vote.

 

 

 

 

Meeting with Chairman of MJHS Building Committee – RE:  Update

 

Ginny Landis, Chairman of the MJHS Building Committee, was present.

 

Ms. Landis told the Board that her Committee had been within 2 weeks of putting the specs out to bid when the change to hire a Project Manager came. 

 

Chairman Perkins asked if the Project Manager money is reimbursable.

 

Ms. Landis said Bridgewater got 2% of the construction costs in reimbursement from the State.

 

Ms. Landis reminded the Board that the Town still has 79% reimbursement from the State for the project.

 

Ms. Landis said a request for a Project Manager has to be put out to bid.  A “point system” is used to choose three (3) finalists, and complete interviews.

 

Ms. Landis asked for authorization to borrow from the $9.5 million that was approved at a previous Town Meeting.

 

Selectwoman Brunelle said the request must go through the Treasurer.

 

Mr. Healey asked about the Treasurer’s concerns with borrowing.

 

Selectwoman Brunelle suggested the Board contact the Treasurer.  Mr. Healey said he would contact her in the morning.

 

Chairman Perkins said the Board would meet with Ms. Landis prior to next week’s Town Meeting.

 

Hearing (cont.) – Request for WRPD Special Permit – ADH Contracting, Inc. – East Grove Street

 

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

            VOTED:  To continue the hearing to October 18th, at the request of the applicant.

            Unanimous Vote.

 

 

 

NEW BUSINESS

 

Update on Budget – FY’05

 

There was no further discussion on this item.

 

Set Order of Conditions – Oiva Hannula & Sons Inc. – Wood Street

 

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

            VOTED:  To postpone this item for three (3) weeks.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Nemasket River Productions

 

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

VOTED:  To approve the request of Nemasket River Productions to rent the Town Hall Auditorium for their fall production, as requested.

            Unanimous Vote.

 

Request for Parade Permit – M.H.S. Student Council

 

Upon motion by Chairman Perkins and seconded by Selectman Bond, the Board

VOTED:  To approve the request of the M.H.S. Student Council for permission to host a parade on the morning of October 9th.

            Unanimous Vote.

 

Acceptance of Donation from Peirce Trustees

 

Upon motion by Chairman Perkins and seconded by Selectman Andrews, the Board

VOTED:  To accept a donation from the Peirce Trustees in the amount of $81,246 for the purchase of three (3) police cruisers.

            Unanimous Vote.

 

Selectwoman Brunelle suggested the Board send a letter of thanks to the Peirce Trustees, noting the Town’s appreciation during these hard times.

 

Request to Approve Bids – Treasurer/Collector

 

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

VOTED:  To award a bid for Note Renewal in the amount of $5,010,000. to Eastern Bank at an interest rate of 1.729%.

            VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

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

VOTED:  To award a bid for the Landfill Project in the amount of $2,205,000. to Parker/Hunter at an interest rate of 2.5990%.

            VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

Request to Approve Road Race – ‘Friends of Coleen’ Committee

 

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

VOTED:  To approve the request of the ‘Friends of Coleen’ Committee, for permission to hold the 2nd Annual “Friends of Coleen” Fun Run/Walk to be held on Sunday, October 24, 2004.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

There was no discussion of the ‘Town Manager’s Report’ tonight.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $23.65 & $23.63, totaling $47.28.

            Unanimous Vote.

 

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

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

            Unanimous Vote.

 

OTHER

 

Departmental Responses to Auditor’s Report

 

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

VOTED:  To send a formal request to the School Department, Town Accountant, and Town Treasurer/Collector, to meet with the Board on October 18th to discuss the Auditor’s Report.

            Unanimous Vote.

 

Trailers on Jackson Street

 

Selectman Bond expressed concern with trailers parked on Jackson Street.  Mr. Healey said he would check into it.

 

CORRESPONDENCE

 

ü      A retirement party will be held for Jack Howard on Friday, October 15, 2004 at the Fireside Grille.

 

ü      Mr. Healey will follow-up on a letter sent from the Town Clerk to the School Superintendent in regards to designated parking for elections.

 

ü      Mr. Healey will check on damage at the Nemasket River Bridge, as described in a letter from the Historical Commission.

 

ü      Information on the Soft Second Loan Program will be forwarded to Bruce Arons.

 

ü      Mr. Healey will attend a Meeting & Workshop in regards to Water Assets, being sponsored by SRPEDD.

 

 

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

VOTED:  To enter into Executive Session at 10:10 PM to discuss Contract Negotiations, not to return to Open Session.

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

            VOTE 4 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN