Selectmen S Meeting

Selectmen’s Meeting March 6, 2006

SELECTMEN’S MEETING MARCH 6, 2006

Chairman Perkins called the meeting to order at 7:01 PM.

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

Selectman Bond left the meeting at 7:20 PM.

SELECTMEN’S MINUTES

Corrections were made to the Minutes of February 27th and 28th, and the Executive Minutes of February 27th.

Upon motion by Selectman Spataro and seconded by Selectman Andrews, the Board VOTED: To approve the Minutes of February 27, 2006 as amended. Unanimous Vote.

Upon motion by Selectman Spataro and seconded by Selectman Andrews, the Board VOTED: To approve the Executive Minutes of February 27, 2006 as amended. Unanimous Vote.

Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board VOTED: To approve the Minutes of February 28, 2006. VOTE 4 – 0 – 1 (Selectman Bond abstained)

HEARINGS, MEETINGS & LICENSES

Hearing (cont.) – Request for WRPD Special Permit – Michael J. Koska & Associates, Inc. – 483 Wareham Street

Selectman Andrews recused himself from this hearing.

Michael Koska and David Gabriel were present.

Chairman Perkins read a letter from Town Counsel regarding the Board’s questions about using a private right of way as an alternative to the wetlands crossing.

The Board asked the following of Town Counsel:

1. If there is an alternative to a wetland crossing, must the Board of Selectmen grant the WRPD requested, or force the alternative to be used? And 2. If there is a multiple access private right of way, can one (1) of the individuals who has a right to the access, improve the right of way without permission of the others? 1 of 17 Selectmen’s Meeting March 6, 2006

Town Counsel wrote the following: “The Board is not required to grant a special permit. However, there is no theory of law that allows the Board to deny a special permit because the applicant has an available alternative which does not require a special permit. I recommend that the Board, if it denies the application for special permit, should not use as a reason for denial that the applicant doesn’t need the permit because of the existence of an alternative right of way. I think you should evaluate the applications on the merits of the application with criteria and standards which are relevant to the special permit without regard to the circumstance that the applicant has an alternative to the relief sought. You are certainly not required to force the applicant to use an alternative to the relief requested.

One who holds a right of way easement for passage over a private way in common with others generally has the right to make improvements to the right of way and to make changes which would reasonable adapt the road to the granted use.

However, any improvement or change may not burden the property over which the easement passes beyond that contemplated or intended at the time the easement was granted without the consent of the other parties who have the same right of way in common. This assumes that any improvements would not be inconsistent with the rights of other parties in the easement. It also assumes that the instrument which created the right of way did not prohibit improvement of the right of way by the grantee.”

Chairman Perkins also read a letter from the Town Planner recommending that “the Board deny the current application without prejudice because the applicant has alternative mans of access to the property for the purpose of performing percolation tests.”

Mr. Koska reminded the Board that the issue last discussed was concerning the private roadway. He located the roadway on the plans, saying it is 10’ wide.

Mark Gildea, Attorney for Mr. Gabriel, said the answer from Town Counsel is contrary to the recommendation of the Town Planner. He reminded the Board that his client is here for a WRPD Special Permit, nothing beyond.

Selectman Bond questioned what standards have to be met to grant a Special Permit.

The Granting Authority must find the following in regards to the project:

1. Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts. 2. Is appropriate to the natural topography, soil, and other characteristics of the site to be developed. 3. Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and 4. Will not adversely affect any existing or potential water supply.

Hearing no further comments, Chairman Perkins closed the hearing. 2 of 17 Selectmen’s Meeting March 6, 2006

Upon motion by Selectwoman Brunelle and seconded by Selectman Spataro, the Board VOTED: To approve the application filed by Michael J. Koska & Associates, Inc. on, on behalf of David Gabriel, 785 Bedford Street, Bridgewater, MA for a Special Permit under the Water Resource Protection District By-law, to allow the crossing of a bordering vegetated wetland for construction of a 37.5-foot wide gravel base roadway to access an upland portion of the property located at 483 Wareham Street, Assessors Map 088 Lot 4265, zoned General Use “X”, W.R.P.D. “Z3”. The Board further found that the project is a. Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts. b. Is appropriate to the natural topography, soil, and other characteristics of the site to be developed. c. Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and d. Will not adversely affect any existing or potential water supply. Unanimous Vote.

Meeting with David Gabriel – RE: 40B Project

Selectman Andrews recused himself from this meeting.

Chairman Perkins read a letter from David Gabriel requesting to come before the Board to discuss a proposed 40B Project.

Ed Marchant, Mr. Gabriel’s Financial Consultant, addressed the Board.

Mr. Marchant told the Board that the proposal is for a Chapter 40B development to be done as a Local Initiative Program (LIP), or a “friendly 40B”. He said it is critical to receive written approval of the Chief Executive of the Town, or the Board of Selectmen. The other alternative would be to go to Mass Housing.

Mr. Marchant said that Mr. Gabriel wants to be as cooperative as possible, and needs a written endorsement to file a joint application between the Town and the developer to DHCD. DHCD will then review the application, and if acceptable, will issue a project eligibility letter. This is the “ticket” to appear before the ZBA for the normal 40B review process. The only difference is that the eligibility is granted by the DHCD with no funding by the Town or the DHCD.

Mr. Marchant pointed out the site, located on Wareham Street (Rte.28) on a map. Access will be off of Wareham Street. The site is approximately 15.5 acres. There will be a small parcel, formed through a “Form A” zoning process that will include a commercial retail site.

The project will include a 44 townhouse development. All units will be similar, being 2 story townhouses with pitched roofs, and a one car attached garage. There will be a ½ bath on the first floor, and a full bath on the second.

3 of 17 Selectmen’s Meeting March 6, 2006

25% of the units (11) must be affordable. They will remind affordable in perpetuity. The eligibility requirements is established based on a formula from the DHCD. 7 units can be created as local preference units in which the Town would define the preferences. These would also be deed restricted. 33 units will be market rate units in the $275,000 range with no income or asset limitations.

Mr. Marchant said they are here tonight to receive feedback on the project.

Chairman Perkins asked how the lottery for the affordable units would be conducted.

Mr. Marchant said an experienced firm will be retained that has been successful in the past.

Selectwoman Brunelle asked how large the rear lot, or community lot, will be.

Mr. Gabriel said about 3.85 acres.

Selectwoman Brunelle asked for the distance between the back of the units to the property lines.

Mr. Gabriel said 30 – 40 feet.

Mr. Marchant said it is 40’ to the building, noting there will also be decks, or patios, on each unit.

Chairman Perkins noted a question that had come up in a previous meeting regarding a buffer.

Mr. Marchant said that level of detail has not been finalized. However, he said there would be fencing and/or natural screen buffers.

Mr. Healey read a letter from the Town Planner raising concerns concerning an adjacent lot that has completed the preliminary subdivision process for an industrial park. She suggested there may be a conflict between these uses, and noted that some sort of noise buffer will have to be provided by both projects.

Ms. Geoffroy’s other concern was the fact that the proposed industrial park will contain a trucking facility for parking and washing large trucks and dump trailers, which may start as early as 4:00 AM.

Ms. Geoffroy also had concerns with the access to the condos being a long narrow dead- end driveway which may not be adequate for public safety and emergency access. She said this is shown as 20’ wide but should be at least 26’.

Finally, Tighe and Bond is currently doing a water system hydraulic study related to fire flows and a new water tower(s). The study has been contracted to specifically identify the needs for South Middleborough. When those needs are identified, it is hoped that developers of new projects along Route 28 will help fund it. 4 of 17 Selectmen’s Meeting March 6, 2006

Mr. Gabriel said that Ms. Geoffroy has been invited to several meetings to work out the “kinks” of the design of the project. He said many issues were raised by Ms. Geoffroy, the Fire Chief, and the Building Commissioner. Most issues have been addressed. Some were easily addressed with better detail of the plan. Other issues involved changing the plan. He said he agrees to use vegetation and fencing for a buffer. He felt that there will be little to no impedance between the residential and industrial projects. He said he is working with the neighbors now because he doesn’t want problems later. He also said he would be willing to help with any water issues in South Middleborough.

It was also noted that the commercial piece of the property won’t be part of the 40B project.

Mr. Healey noted issues that had been raised at previous meetings included fire walls, hydrant locations, staggering units, trash pick up, dead end of road and radius of the cul- de-sac. He said all of these issues have been discussed and resolved for the most part. He noted that the Town Planner would like to see one road in and one out, but this probably can’t be done because of the width of the property. He said some of the issues can’t be resolved until further into the design process.

Jane Lopes asked how large the commercial lot is.

Mr. Gabriel said 2.6 acres.

Mr. Marchant said that concluded his presentation, and he asked if the Board could give an indication of whether or not this type of project would be supported as a LIP project.

Chairman Perkins said he would like to take this under advisement at this time. He noted the WRPD Permit was granted, and percs can begin.

Selectwoman Brunelle said it will depend on what is found when the percs are done, whether or not the project will be viable.

Chairman Perkins told Mr. Gabriel to let the Board know when he is read to meet with the Board again.

Meeting with Darrell & Debra Vitali – Re: Request to Tie-in to Sewer Line

Chairman Perkins read a letter from Darrell and Debra Vitali, 5 Clayton Road, asking for a hearing with the Board regarding a refusal from the Wastewater Superintendent and the Town manager for the request to tie-in to a force main sewer line located directly in front of 5 Clayton Road.

Attorney William Sankavitch said the issue is that his client wants to tap into a force main. The reason is that he had purchased the mixed business/residential property to operate a legitimate towing business. When Mr. Vitali purchased the property, there were two (2) septic systems on the property. The system for the business passed, the residential failed. He got estimates to bring the system up to passing, and money was put 5 of 17 Selectmen’s Meeting March 6, 2006 in an escrow account from the seller. Because he is putting a new building on the property, a full evaluation had to be given of both systems.

Mr. Vitali told the Board that, when he purchased the property, he was told that he could tap into the sewer. Once everything was in place, Joe Ciaglo would not allow this. He said it was then too late to back out of the purchase. He said he then looked at options for repairing the system. AZOR Engineering performed a perc test which showed a very slow rate and low drainage. The new system would be raised 42”. The land mass, including the leaching field, would cover about 5,000 s.f. of the property. He said there is also a well on the property that has to be 100’ away. He said his other option is to tap into the gravity line that is 458’ from his property. This would cost about $75,000 to $100,000. He said the most feasible option is to tap into the force main.

Mr. Healey said there are “technical” issues involved with allowing people to do this. There has been a long standing policy of not allowing this. He noted correspondence from the Wastewater Superintendent explaining this further.

Mr. Healey said he recognized the alternative, extending the main with a pump system, is costly, but it is the only viable option.

Chairman Perkins said he felt badly, but noted Mr. Vitali “made an assumption”.

Mr. Vitali noted that the line had been brought through to Clayton Road for business development for the Town. He said he had been constructed through a Grant from the State.

Mr. Healey said that was correct. He said it was built to immediately serve the company that was involved in bringing it over, Glenn Electronics. He said Southpointe Development has made a similar request, and has been told that they have been denied in the same manner. He said if the wastewater can be brought to the common wet well, the Town would service it.

Mr. Vitali told the Board that he also had brought a representative from the company that manufactures the E1 pump. He said he understood that the pump has been used on a regular basis throughout the State.

Mr. Healey said he had no objection to hearing what the representative had to say.

Chairman Perkins agreed, but said he would not be ready to make a decision tonight.

The representative from FR Mahoney Associates, told the Board that this is a “technical solution”. He said he could evaluate the conditions of the existing line and generate a report as to whether or not the pump could work. He said he was brought here to explain that there are ways to do this. He also said he spoke to Joe Ciaglo, who indicated the bigger issue would be setting a precedent. He said the Board would have to decide how to evaluate in the future.

Chairman Perkins said he had no problem with the engineer working through the Town Manager and Mr. Ciaglo to come up with a viable alternative, if there is one. He said the Board would listen to the recommendations. He noted there are precedent and liability issues.

The attorney also said Mr. Vitali is willing to sign a waiver of liability to the Town and taxpayers, relinquishing all liability with the connection.

Chairman Perkins said that would be important.

The attorney said the document would be in a recordable form and deed restricted.

Chairman Perkins said he was not trying to put Mr. Vitali out of business, but to come up with a good solution.

Selectwoman Brunelle said she would also like references from those that have had the pump installed to see if there is any impact to others who are tied into the main.

The engineer told the Board that the devise works “sympathetically” with systems if designed correctly. He said there shouldn’t be any impact to gravity connections.

Selectman Andrews said the applicant needs to be award that, if the request is approved, it will have a considerable impact on other properties in town, which could be tantamount to rezoning.

Selectman Spataro said that the board needs to do its homework, noting that Middleboro has always been pro business, but wouldn’t do something that would harm the rest. He said he was “not impressed with the attitude” of the applicants.

It was the consensus of the Board to continue the meeting to April 10th, allowing time for the engineer to prepare a report.

Mr. Healey asked if Mr. Vitali would be willing to pay for a peer review by the Town’s engineer.

Mr. Vitali said he would if it was “within reasonable engineering costs”.

NEW BUSINESS

Request to Amend Class II License – Vincent A. Russo

Chairman Perkins read a letter from Vincent A. Russo asking for an amendment to his Class II License to remove the wording “by appointment only”.

Mr. Russo explained that the RMV will not issue dealer plates with that wording on the license.

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board VOTED: To amend the Class II License in the name of Vincent A. DiRusso d/b/a The Vince Russo Collection to remove the words “by appointment only”. All other conditions of the License remain. Unanimous Vote.

Request to Ratify Appointment to Commission on Disability

Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board VOTED: To ratify the appointment of Margaret Thomas to the Commission on Disability. Unanimous Vote.

Mr. Healey said the appointment will give a full board.

Request for Common Victualer License – Hong Kong Taste Restaurant

This item was held at the request of the Health Department.

Request to Approve New Street Names – E911 Database Coordinator

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To approve new street names: Wildflower Lane, for a subdivision off of Fairview Street; and Sheffield Road, for a subdivision off of Wareham Street. Unanimous Vote.

Request to Rent Town Hall Auditorium – The Wildlands Trust of S.E. Massachusetts

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To approve the request of The Wildlands Trust of S.E. Massachusetts to rent the Town Hall Auditorium on Wednesday, April 26, 2006 from 6:30 PM to 9:30 PM for a lecture. Unanimous Vote.

Request to Place Sign on Town Hall Lawn – Middleborough Rotary Club

Selectwoman Brunelle left the table for this discussion.

Upon motion by Selectman Andrews and seconded by Selectman Spataro, the Board VOTED: To allow the Middleborough Rotary Club to place a sign on the Town Hall lawn advertising the annual auction on March 18th and 19th. Unanimous Vote.

Request to Approve & Sign Agreement – Permanent Cable Committee

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

VOTED: To approve the agreement prepared by Town Council for the Town of Middleborough and the Permanent Cable Committee for Attorney Robert G. Treano to represent the Town of Middleborough in negotiations with Verizon. Unanimous Vote.

Request to Rent Town Hall Auditorium – Nemasket River Productions

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To approve the rental dates for the Town Hall Auditorium as requested by the Nemasket River Productions for its spring production. Unanimous Vote.

Request for One Day Liquor Licenses – Nemasket River Productions

Upon motion by Selectman Andrews and seconded by Selectwoman Brunelle, the Board VOTED: To issue One Day Liquor Licenses to Professional Bartending Service for events to be held at the Town Hall on the following dates: April 7, 8, 14, 15, 21, & 22 from 6:30 PM to 11 PM. Unanimous Vote.

Selectman Andrews suggested including language that the Board has a zero tolerance policy. He also questioned who would be held responsible for any violations.

Chairman Perkins said he did not know the answer.

Selectwoman Brunelle noted it would affect any future requests for licenses.

Chairman Perkins noted that the Town would be indemnified by the applicant’s insurance. He also noted One Day Licenses are also subject to spot checks.

Selectwoman Brunelle noted that the Board is supposed to schedule a discussion of liquor rules and regulations.

It was the consensus of the Board to wait until after Town Meeting.

Request to Approve Motor Cross Licenses – Capeway Rovers M/C

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To issue Motor Cross Licenses for Capeway Rovers M/C for the following dates: March 18, 2006 June 3, 2006 March 25, 2006 June 10, 2006 April 1, 2006 July 29, 2006 April 2, 2006 July 9, 2006 April 15, 2006 August 5, 2006 April 29, 2006 August 12, 2006 May 7, 2006 September 17, 2006 May 13, 2006 September 23, 2006 9 of 17 Selectmen’s Meeting March 6, 2006

May 20, 2006 September 30, 2006 October 21, 2006 October 29, 2006 Unanimous Vote.

Request to Approve One Day Liquor Licenses – Capeway Rovers M/C

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To issue One Day Liquor Licenses to Capeway Rovers M/C for the following dates: March 18, 2006 June 3, 2006 March 25, 2006 June 10, 2006 April 1, 2006 July 29, 2006 April 2, 2006 July 9, 2006 April 15, 2006 August 5, 2006 April 29, 2006 August 12, 2006 May 7, 2006 September 17, 2006 May 13, 2006 September 23, 2006 May 20, 2006 September 30, 2006 October 21, 2006 October 29, 2006 Unanimous Vote.

Request to Approve Sunday Entertainment Licenses – Capeway Rovers M/C

Upon motion by Selectwoman Brunelle and seconded by Selectman Andrews, the Board VOTED: To issue Sunday Entertainment Licenses to Capeway Rovers M/C for the following dates: April 2, 2006 September 17, 2006 May 7, 2006 October 29, 2006 July 9, 2006 Unanimous Vote.

OLD BUSINESS

Request for Additional Water & Sewer – Campanelli Middleborough I LLC

Mr. Healey reminded the Board that he had asked this item to be postponed from last week to allow him to check the original allocation. He said he is recommending approval.

Mr. Healey said the total allocation was 23,000 gal/day. 12,524 gallons are currently being used daily.

Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board VOTED: To approve the request of Campanelli Middleborough I LLC for an additional water and sewer allocation of 600 gallons/day within the framework of the original allocation of 23,000 gallons/day. Unanimous Vote.

Job Posting – Conservation Commission

The Agent for the Conservation Commission has been on vacation. This item was tabled to next week.

Publication of Salaries in Annual Town Report

Chairman Perkins read a letter from Police Chief Gary Russell explaining what compensations are part of the retirement benefits. Anyone hired before April 1, 1986 does not pay FICA, those hired after April 1, 1096 do.

Judy MacDonald agreed with the Chief’s letter.

Chairman Perkins also read a letter from Town Counsel stating that School Department salaries are public information, and does not have to be subject to a vote of approval by the School Committee.

Selectwoman Brunelle asked who would be responsible for preparing the report.

Chairman Perkins said the Treasurer.

Selectman Andrews said he had spoken to the Treasurer who said publishing the figures would not be difficult. He noted that the Board’s Secretary had provided sample copies of the listings from four (4) surrounding towns. He said our format would be a little more difficult in that it won’t be published by names, but by positions.

Selectman Andrews said the Town of Randolph provides four (4) columns: gross, regular, overtime, and other. He suggested there should be an additional “fringe benefit” column to include the allowance for police officer’s uniforms.

Chairman Perkins said he didn’t believe that was a “fringe benefit”.

Selectman Spataro noted that the Board had discussed the possibility of asking department heads to put together a presentation of how the monies should be reported.

Selectman Andrews said this is a Board’s decision. He said the Police Unions came in with concerns, and the Board responded.

Selectman Spataro said he didn’t hear the Union Reps say they were against publishing the figures, only that they wanted them presented fairly.

Selectman Spataro asked the Union Reps if they had any objections to how the Town of Randolph prints their salaries.

Steve Schofield said he hadn’t seen it, but questioned what the additional cost would be for printing. He said budgets are tight and Police and Fire Unions had made a lot of concessions on newly signed contracts.

Selectman Andrews said if there was concern for that, then he would ask that the Police Department withdraw the request to publish the Level 3 Sex Offenders.

Discussion ensued on the additional cost. The cost is approximately $17/page.

Selectman Andrews said Ms. MacDonald had also asked about publishing salaries for summer employees at the Park Department. He suggested putting it as one (1) line item.

David Mackiewicz, Vice President of the Superior Officer’s Union, said the retro pay should be removed to be more fair. He also noted that he Town doesn’t pay for Verizon details, which were more than usual this year. He said he didn’t believe he’d ever see another year as the past for details and retro pay. He said holding off to 2006 would be ideal.

Sgt. Mackiewicz noted that he Boston Herald had published salaries, breaking it down into four (4) columns: base, overtime, Quinn Bill, and details. He said he had no problem if it was broken down like this. He suggested an extra column for the retro pay would be fair.

Sgt. Mackiewicz said he agreed the information was public record, but “lots of guys made a lot of money in details and retro”. He said the base salaries are in the median of other police departments. Salaries are negotiated with the Board and agreed to by Town Meeting.

Selectwoman Brunelle said she didn’t know if the ‘Quinn Bill’ could be broken out.

Selectman Spataro suggested having a footnote to explain the higher earnings this year.

Chairman Perkins agreed that retro shouldn’t be included. He said “detail money” is earned money and should be there.

Discussion ensued on money reimbursed by Grants.

Upon motion by Selectwoman Brunelle and seconded by Selectman Spataro, the Board VOTED: To publish all employees’ salaries by position, breaking down as suggested by the Town of Randolph, with footnotes to detail, annotating the total amount of retro pay, and to include out-of-Town detail officers and part-time summer employees in one line item with an annotation, and note reimbursement by grants and outside funding. Unanimous Vote.

Publication of Level 3 Sex Offenders

The Board has not yet received a response from Town Counsel in regards to their decision to publish pictures of Level 3 Sex Offenders in the Annual Town Report.

Selectwoman Brunelle said she still was having a problem with publishing the information in the Town Report. She said the Report is normally dedicated to an individual or group that has contributed positively to the community. She said offenders don’t deserve that kind of recognition to be in a historical document. She also suggested talking to the G&E about sending out notifications with bills, or publishing on the Town’s website.

Chairman Perkins said he disagreed.

Motion was made by Selectwoman Brunelle and seconded by Selectman Spataro to reconsider publication of the pictures in the Town Report, and to instead have a handout at Town Meeting, and to seek other avenues of informing the public.

Discussion ensued on the motion. Sgt. Mackiewicz said he was in favor of publishing the pictures in the Annual Town Report because it is a “snapshot” of the town and they’re part of the town. He said he saw not harm in publishing the pictures, only benefits.

Selectwoman Brunelle said the “degenerates” don’t deserve recognition in a historical document.

Sgt. Mackiewicz said he would not say they deserve recognition, but “notoriety”.

Mr. Healey said the information should be published at the end of the Police Report in the Annual Report.

Sgt. Mackiewicz said Selectwoman Brunelle’s other suggestions are great in addition to publishing in the Report.

Jane Lopes asked what the benefits are of publishing in the Annual Report.

Chairman Perkins said more people will see them.

Vote was taken. 2 – 2 (Selectman Andrews and Chairman Perkins opposed) Motion doesn’t carry.

Selectman Andrews said he had made a comment last week regarding information on Level 2 offenders. He noted that an application is made to the Police Department to acquire the list of offenders. He asked if copies could be made to distribute.

Sgt. Mackiewicz said a private citizen can do this, but not the Town.

Selectman Andrews asked if the applications could be made available at the Town Meeting.

Sgt. Mackiewicz said they could, but noted that individuals would have to present the application at the Police Department for it to be acted on.

Upon motion by Selectman Andrews and seconded by Selectman Spataro, the Board VOTED: To have 150 copies of applications for Level 2 Offender information available at Town Meeting. Unanimous Vote.

Sgt. Mackiewicz also noted that the applications are available on the Police Department’s website.

Upon motion by Selectwoman Brunelle and seconded by Selectman Spataro, the Board VOTED: To contact the G&E Department to ask if they would be willing to distribute inserts of Level 3 Sex Offenders with applications for information on Level 2 Offenders, and to look into posting the information on the Town’s website. Unanimous Vote.

Town Manager Evaluations

Chairman Perkins reminded members to submit their evaluations for the Town Manager.

TOWN MANAGER’S REPORT

Landfill Meeting with DEP

Mr. Healey told the Board that the DEP is still not satisfied with the corrective action that has been taken to date at the Landfill. The rest of the sand will need to be rescreened and do whatever linear repairs may be needed. An additional liner may be required to deal with roots in the clay on the old landfill area that is being used as a base on the new cells, or the Town could apply for a waiver.

Mr. Healey said it is difficult to make any judgments as to when the payments under the Waste Management Agreement will flow to the Town.

Water Department Major Projects and Review of Priorities

Chairman Perkins will attend a meeting tomorrow with the Town’s Engineers to review the options of major Water System Improvements.

Water Management Act Requirements

The State is in the process of imposing water use restrictions on all cities and towns. It may be necessary to impose them in the Spring.

Municipal Hearings Officer Training Session

Mr. Healey attended the Municipal Officer Training Session that was held in Amherst in on Wednesday.

Sovereign Bank Lease

Mr. Healey thanked Sue McCusker for negotiating a 10% increase on the lease renewal for the section of parking lot adjacent to the Sovereign Bank.

Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board VOTED: To approve the lease renewal. Unanimous Vote.

SELECTMEN’S BILLS

Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board VOTED: To pay three (3) bills submitted by the Middleborough G&E Department in the amounts of $182.13, $609.25, and $60.46. Unanimous Vote.

Discussion – Oversight Committee for Landfill

Part of the Agreement with Waste Management is to form an ‘Oversight Committee’ for the Landfill. It is to be made up on five (5) residents who reside in the vicinity of the Landfill, and two (2) officials.

Chairman Perkins suggested that those members of WMAC that reside in the area should be asked if they would be interested in serving on the Oversight Committee.

It was the consensus of the Board to schedule a further discussion on March 27th and to invite members of WMAC to attend.

Dates on Warrants

Selectman Spataro asked that the dates on the Warrants that are signed correspond with the actual date that it is being signed.

CORRESPONDENCE

 Selectwoman Brunelle told the Board that she had sent an email to the Town Accountant that came back as “read receipt”. The Board’s Secretary has also sent and received emails.

Selectman Spataro suggested sending a note to Ms. Higgins letting her know that, based on what’s been heard, she is able to send and receive emails. If she has any additional problems, she is to contact the Town Manager.

Upon motion by Selectman Andrews and seconded by Selectman Spataro, the Board VOTED: To ask Roger Brunelle to verify that the Town Accountant’s email is working properly and report back to the Board through the Town Manager. Unanimous Vote.

Upon motion by Selectman Andrews and seconded by Selectman Spataro, the Board VOTED: To send a memo to all Department Heads asking if they have any issues, sending or receiving, email. Unanimous Vote.

 Chairman Perkins will speak to the Town Accountant in regards to clerical contract salary paybacks.

 The Board received correspondence from The First Unitarian Universalist Society asking that a committee be formed in regards to the holiday display on the Town Hall lawn.

Selectman Spataro said he didn’t think it was necessary to form a committee, which would be “another layer of management”.

Mr. Healey supported the idea. He said a committee would help put together secular decorations and generate more interest which would generate more money. He said there is currently about $3,000 in the display account.

Mr. Healey told the Board of a company in New York that produces life size figures for the crèche scene. They are made of fiberglass and wouldn’t have to be reconditioned. The cost for a full set is $23,000 - $24,000.

Selectman Andrews made a personal observation, noting that the Unitarian’s is the only complaint he has received.

The Unitarians asked to be put on the agenda to discuss the formation of a committee.

Jane Lopes suggested, if a meeting is scheduled, Neil Rosenthal and Ted Eayrs be invited as they have done most of the work to date.

Selectman Andrews suggested scheduling it after Town Meeting.

Mr. Healey was asked to meet with the Unitarians, Ted Eayrs, and Neil Rosenthal, prior to meeting with the Board to come up with a plan.

 The Board received correspondence from the COA asking for direction on the FY07 Budget.

Mr. Healey said he has had conversations with Rich Pavadore, FinCom, and has talked about ways to begin the budget review process. He said it has to begin soon. The next FinCom meeting is March 15th, and he will attend.

Mr. Healey said layoffs will not be avoided.

Chairman Perkins noted that he has asked to have numbers put together in terms of local receipts.

Selectwoman Brunelle said the CLG should meet next week to finalize numbers.

Upon motion by Selectman Spataro and seconded by Selectwoman Brunelle, the Board VOTED: To send a note to the Town Accountant informing her that the Board of Selectmen has directed the Town Manager to put together numbers in terms of the estimated local receipts, and any other information needed to begin the budget review process, and it is expected that she will participate post-haste. Unanimous Vote.

Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board VOTED: To enter into Executive Session at 9:47 PM, not to return to Open Session, for the purpose of discussing Litigation. A poll vote was taken. Selectman Spataro, Selectwoman Brunelle, Selectman Andrews, and Chairman Perkins approved. VOTE 4 – 0

Diane Henault, Secretary BOARD OF SELECTMEN

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