Selectmen’s Meeting Minutes
September 12, 2006
Present: Christopher Colclough, Mark Gallivan (late) Jesse McSweeney, James Egan and James Armstrong. Also present Town Administrator Michael Finglas and Executive Assistant Meredith Marini.
7:30 p.m. Chairman McSweeney called the meeting to order, lead the Pledge Allegiance and read the announcements and upcoming meeting schedule
Item I Licenses – One Day Liquor – Camp Kiwanee -
Nancy Walsh of Pembroke for Saturday, September 23, 2006 from 5:00 p.m. to 11:00 p.m. for a wedding.
MOTION by Colclough, second by Armstrong to approve a one day liquor license for Nancy Walsh on Saturday, September 23rd form 5:00 p.m. – 11:00 p.m. Voted 4 – 0.
Laura Hathaway of Middleboro for Sunday, September 24, 2006 from 11:30 a.m. to 4:30 p.m. for a SURPRISE birthday.
MOTION by Colclough, second by Egan to approve the second one-day liquor licenses as printed on the agenda. Voted 4 – 0
7:36 p.m. Mr. Gallivan arrived.
Item II Resignation - Arlene Caswell submitted a letter of resignation from the Council of Elder Affairs.
MOTION by Colclough, second by Egan to accept with regret Arlene Caswell’s resignation from the Council of Elder Affairs. Voted 5 – 0
Item III Town Administrator’s Report – Mr. Finglas reported that for week of August 24th his signed Payroll Warrant 8 in the amount of $100,928.68.; Expense Warrant 8 - $1,698,203.90; Expense Warrant 8A - $1,168.32; Expense 8B - $18,737.34; On August 31st he signed Payroll Warrant 9 - $113,495.07; Expense Warrant 9 - $61,229.52; Expense Warrant 9A - $11,624.15 and Expense Warrant 9B - $20,948.77. On September 7th he signed Payroll Warrant 10 - $103,736.18; Expense Warrant 10 - $220,131.69 and Expense Warrant 11 - $18,209.72.
Assessors arrived. Town Administrator’s report tabled until after the Classification Hearing.
Item IV New Business - Assessor’s Classification Hearing – Assessors Kathleen Marini and Dan Ward were present with Assessor Appraiser Cindy Long and Assistant Appraiser Lee Standish.
MOTION by Colclough, second by Egan to open the Classification hearing. Voted 5 – 0
Chairman McSweeney read the hearing notice. Mrs. Long provided the Board with information regarding the current tax rate and assessments. She explained a chart contrasting a uniformed rate, compare a to tiered rated at 1%, 5%, 25% and 50%. The uniform tax rate would be $9.38. She indicated that the average assessment for a dwelling is $375,200. The assessments have increased this year as it is a re-certification year. The Board inquired why open space was included in the residential category. Mrs. Long explained that the Department of Revenue recommended the change.
Mr. Finglas praised the Assessing staff for the great job they do. Mr. Ward echoed Mr. Finglas’ comments.
Mr. McSweeney solicited comments from the audience. None were offered.
Mrs. Long pointed out that the final component of the hearing was that the Board decide whether or not to approve a small commercial exemption. The Board of Assessors do not recommend the exemption due to the small percentage of business which would qualify.
MOTION by Gallivan, second by Colclough to close the hearing. The Assessors requested that hearing not be closed by be continued. Mr. Gallivan withdrew his motion and Mr. Colclough withdrew is second.
MOTION by Egan, second by Gallivan to continue the Classification Hearing until Tuesday, September 26th at 7:30 p.m. Voted 5 – 0
MOTION by Gallivan, second by Egan to approve a uniform tax rate as recommended by the Board of Assessors. Voted 5 – 0
MOTION by Gallivan, second by Egan not to approve the small business exemption.
Voted 5 – 0
7:57 p.m. The Assessors left.
Item V Class II License – John Coffey D.J.C. Enterprises, Inc. d/b/a John’s Auto Sales & Service 169A Franklin Street. Mr. Coffey informed the Board that he has been in business several years in Brockton and in Easton. He will be renting space from Auto Express to service his vehicles. He is cleaning up after the previous tenant and hopes to start business in November. He tows for AAA with a lot of work in Hanson, Halifax, Pembroke and Plympton.
MOTION by Gallivan, second Egan to approve a Class II license for 20 vehicles to John Coffey D.J.C. Enterprises, Inc. d/b/a John’s Auto Sales & Service 169A Franklin Street. Voted 5 – 0
Item VI Town Administrator’s Report (continued) Mr. Finglas distributed a report from the Plymouth County Hospital Utilization Committee for the Board’s review. Mr. Finglas informed the Board that the Croghan family has submitted their annual request to park at the BCI parking lot to attend the Jimmy Fund walk on Sunday, September 17th.
MOTION by Gallivan, second by Egan to approve the Croghan family’s request to use the BCI parking lot on Sunday, September 17th. Voted 5 – 0
Item VII Old Business DPW Act - The Board reviewed the revised DPW Act changing the commission from elected to appointed by the Board of Selectmen . After a brief discussion the Board amended the Act in Section 3, third paragraph, first line, by deleting Town Administrator and inserting in its place Board of Selectmen. Mr. Gallivan briefly explained the DPW policy and indicated that he would like to revise it. He recommended the Board table the matter until September 26th.
Town Clerk Sandy Harris inquired as to the effective date of the Act as it would have an impact on annual elections. Mr. McSweeney indicated the Act would be effective upon the Governor’s signature. The Board indicated that in some cases the Legislature has required the enactment be contingent upon a ballot question.
Item V III Committee Reports Monponsett Pond – Mr. Colclough indicated that the committee is scheduling a meeting with the Taunton Water Shed. The committee is narrowing the scope of its work. They are also scheduling meetings with Pembroke and Halifax. Police Station Building – Mr. Gallivan indicated that the project is moving along schedule. There have been a few change orders. There has been some issue with waterline and storm water lines. The City of Brockton has two water lines in the road, but cannot if the Town the actual depth. Consequently, the road may have to be open to set the water connections. Phoenix Group –
Mr. Egan report the first official meeting was last week. A lot of ideas have been shared. The school is preparing a list of questions the committee should address. The committee has not yet organized and is expected to elect officers at the next meeting.
Item IX Review October Special Town Meeting Warrant - The Board discussed the process in which to review the warrant. The Board would not be making recommendations on the articles, but would assign Board members to the Selectmen’s articles. Chairman McSweeney would read each article number. If a member had a question on the article they could hold it for discussion. The Board was working from the warrant marked DRAFT 9/12/06.
Article 1 Selectmen Unpaid Bills Colclough assigned
Article 2 Selectmen Private Road By-law Gallivan assigned
Article 3 Selectmen Fund Article 2 Egan assigned
Article 4 Highway Vehicle lift Held
Article 5 Highway Traffic Lights Held
Article 6 Selectmen PCH Demo Held Armstrong Assigned
Article 7 Selectmen Purchase Grange Held Egan Assigned
Article 8 Selectmen Replenish Reserve Colclough assigned
Article 9 Fire Chief Furnace Replacement
Article 10 Recreation Water Front Grant
Article 11 Selectmen DPW Act McSweeney assigned
Article 12 Selectmen Sell Lot 32 Woodbine Held Gallivan assigned
Article 13 Selectmen Accept Tag Way Armtrong assigned
Article 14 Highway Pumping By-law
Article 15 Highway Pumping Fine
Article 16 Building Ins. Pool Fence By-law
Article 17 Building Ins. Pool Alarm By-law
Article 18 Planning Accept Ch. 39, Sec 23D
Article 19 Elder Affairs 3 Alternates
Article 20 Elder Affairs Add Vice-Chairman
Article 21 Zoning By-Law In-law apts.
Article 22 Zoning By-law In-law definitions
Article 23 Zoning By-law Sign by-law
Article 24 Zoning By-law Word change “required”
Article 25 Zoning By-law Temporary Sign
Article 26 Zoning By-law Temporary Sign definition
The Board reviewed the Held articles.
Article 4 Highway Lift – Mr. McSweeney inquired whether the water department would have a lift. If so, would have Highway department acquire it through the DPW Act. Mr. Finglas indicated the water department did not have a lift. Additionally, the act may take some time and the lift was needed back in May.
Article 5 Highway – Traffic Lights – Mr. Armstrong informed the Board he has been working with the Highway Survey on this project and the Town will benefit greatly from the grant with an annual savings of over $4,000.
Article 6 Selectmen – PCH Demolition – Mr. Finglas indicated that the Board of Health has not received a definite cost of the asbestos removal. He has requested a survey be conducted by Al Hanscom. Mr. Finglas should receive the task order in the morning and have a figure by next week.
8:47 p.m. Mr. Finglas left the meeting.
Article 7 Selectmen – Purchase Grange – Mr. Gallivan cited concern about the price of the property as he doesn’t feel the Massachusetts State Grange has clear title to the property. All the members of the Corporation which own the property have subsequently died. Consequently the property is not worth the purchase price stated on the Purchase & Sales Agreement. The Board requested Town Counsel review the matter as to the title issues.
Article 8 Selectmen – Sale of Lot 32 Woodbine – The Board questioned the process in which the property would be sold. Mrs. Marini indicated that the assessed value of the lot is $47,000.00. A parcel with a value of more than $25,000 is required to follow the 32B procurement procedures. The Board discussed the encroachment issues of the Lot. The Board requested input from Town Counsel.
MOTION by Armstrong, second by Gallivan to accept the warrant for posting. Voted 5 – 0.
Item X EEE Discussion – Terry McSweeney, chairman of the Board of Health addressed the Board concerning the EEE outbreaks in the area. The Board of Health is standing by its order, which is the same as the State Department of Health, that everyone suspend outdoor activities between dusk and dawn. Mr. McSweeney explained the cycle of EEE. Everyone should take personal responsibility for themselves and their children, but dressing properly, using repellents and staying in between dusk and dawn. Closing fields will not reduce the risk of EEE. Mr. McSweeney feels that if all the departments send the same message of personal responsibility to reduce risk, then there will be no confusion.
Item XI Executive Session – Chairman McSweeney announced that the Board would be going into Executive Session under Exemption #3 – Litigation.
MOTION by Gallivan, second by Colclough to go into Executive Session under exemption #3. Roll Call – Colclough aye, Gallivan aye, McSweeney aye, Egan aye and Armstrong aye. Voted 5 – 0.
9:25 p.m. Brief Recess
9:47 p.m. Back in open session
MOTION by Armstrong, second by Colclough to adjourn. Voted 5 – 0
9:47 p.m. Meeting Adjourned.
Respectfully submitted
Meredith Marini
Approved and Voted 3 – 0
November 14, 2006
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