AUGUST 25, 2003


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

Selectman Rogers, Selectman Wiksten and Selectman Eayrs were present.

Selectwoman Brunelle entered the meeting at 8:15 PM.


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

VOTED: To approve the Minutes of August 11, 2003.

Unanimous Vote.


Hearing – Request for WRPD Special Permit – Silva – 580-582 Wareham Street

Chairman Perkins 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 August 25, 2003 at 7:05 PM, for the purpose of discussing an application filed by Lawrence P. Silva, P.E., Silva Engineering Associates, P.C., on behalf of White McGill Realty LCC, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a repair facility to service trucks and equipment used as part of Sam White & Sons operation at 580-582 Wareham Street. The property is shown as Assessors Map 101, Lot 2433 and Map 102, Lot 1721, zoned GUX, W.R.P.D. "Z4". Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Larry Silva, Silva Engineering Associates, P.C., was present. He returned the green cards.

Chairman Perkins informed the applicants that, because only four (4) members of the Board were present, a unanimous vote would be required for approval.

Mr. Silva introduced the owners of the property who were also present: Dan and Earl White.

Mr. Silva explained that the request was to take the next step of what had originally been laid out on the site plan.

Access to the property is from Rte. 28. There is a long driveway with a scale at the end. The plan shows a future office and truck repair facility. A WRPD Special Permit is required to do this.

Mr. Silva said that the facility will be used to maintain equipment for Sam White & Sons, to service their vehicles. It will be an 8,000 s.f. building. He said the applicants are aware of the rules and regulations that they will need to comply with, such as storage of oil.

Selectman Rogers thanked Mr. Silva for presenting a package with all the required information. He asked what the size of the water main was on the property.

Mr. Silva said an 8" main was put in in conjunction with the Water Department. There is a hydrant in front of the property.

Selectman Rogers asked if there is a sprinkler system. Mr. Silva said there will be one in the garage.

Selectman Rogers noted correspondence from the Building Commissioner stating that he is "comfortable" with the request.

Selectman Rogers said the Waste Oil Management is good.

The Fire chief has also been in contact with the applicants. Chief Silva said there has been discussions on the storage, and double walled tanks will be used with an electronic monitoring system to be put into the fire alarm system.

Dan White said that the request being made tonight is not for outside storage.

Selectman Wiksten asked when construction would begin. Mr. Silva said it would begin immediately after the 20-day appeal period.

Mr. White said that they hoped to have construction completed before the winter.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the application filed by Lawrence P. Silva, P.E., Silva Engineering Associates, P.C., on behalf of White McGill Realty LCC, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a repair facility to service trucks and equipment used as part of Sam White & Sons operation at 580-582 Wareham Street, Assessors Map 101, Lot 2433 and Map 102, Lot 1721, zoned GUX, W.R.P.D. "Z4". The Board further found that the project is

    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.

Unanimous Vote.

Meeting with Affordable Housing Sub-Committee – RE: Family Accessory Apartment Zoning Bylaw

Darrin Degrazia, Chairman of the Affordable Housing Sub-Committee, and members Bruce Atwood and Neil Rosenthal were present. Paul Colarusso of the Planning Board was also present.

Mr. Degrazia explained that the Committee has developed bylaws for an affordable housing apartment and a family apartment. He said the Town Planner had suggested that both be done at the same time. There is currently no family accessory bylaw. The Family Accessory Apartment Bylaw was written first.

Mr. Degrazia said the Committee "borrowed" what other communities have done, such as Barnstable.

The two (2) zoning bylaws will require a hearing before the Planning Board to get onto the Warrant for Town Meeting.

Bruce Atwood explained the Bylaws. He said the Family Zoning Bylaw will allow the addition of a room for a mother, father, in-laws, children or grandchildren. He said the ZBA currently grants these by an "awkward mechanism".

The Bylaw will give the ability for people to have a legal apartment, without a common room, as is now required. It can be up to 2 bedrooms, but must be less than 50% of the square footage of the house. It must look like a single family home, with parking on the side or back, and it must fit within a residential area.

Selectman Rogers asked what happened when the occupant of the apartment dies. <r/ Atwood explained that a "Life Tenancy" is given to the people who are there. If they move out, pass away, or sell the house, permission is needed for someone else to live there. It is recorded with a Deed.

Chairman Perkins asked if the units would apply toward the Town’s 40B quota. Mr. Atwood said this bylaw would not, but the other would.

Mr. Degrazia explained that, if the occupant of the accessory apartment moved away, and the owner wishes to make it an income generating property, he owner would have to go back before the ZBA to apply for a comprehensive permit. This would be the second bylaw.

Mr. Degrazia said the bylaw will allow a homeowner to put in an accessory apartment. If there is an existing legal apartment, they can file for amnesty. An inspector would be sent to the property to bring it into compliance. An "affordable apartment" would have the renter earning no more than 80% of the mean income for the area. The apartment would be approximately $804./month for a single unit with utilities. The income level of the renters would be verified annually. These apartments would count towards the Town’s 40B requirement.

Selectman Eayrs clarified that a person would not have to convert a family apartment to an affordable apartment.

Selectman Wiksten asked if it would have to be owner-occupied. Mr. Degrazia said this would be required for both bylaws.

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

VOTED: To support the proposed bylaws and forward them to the Planning Board for a public hearing.

Unanimous Vote.

Other Zoning articles for the Special Town Meeting were discussed.

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

VOTED: To support an article regarding a zoning change to allow liquor sales and to refer it to the Planning Board for a public hearing.

Unanimous Vote.

The Planning Board is sponsoring an Agricultural Bylaw.

The Board discussed a request for an article to fund water meter conversion. Selectman Rogers suggested this was an inopportune time to bring this up, noting a rate study is being done and this could be included in that.

Chairman Perkins agreed, and noted the deadline for submitting articles has passed.

Meeting with Weston & Sampson – RE: Special Town Meeting Articles

Mike Scippione, of Weston & Sampson, was present.

Mr. Scippione explained that recommendation has been made to move forward with a rate study. He said the rate structure has not changed significantly in the past few years, and many improvements have been made. A Study will increase rates in a steady manner.

A scope of work has been submitted to the Board. The cost will be $19,700. Mr. Scippione suggested the money be appropriated to go forward.

Selectman Rogers said that the Board had previously talked about adding water mains into East Middleboro. He suggested the Rate Study should find out what it would cost to extend some of the water mains and determine what the betterment charge should be.

Selectman Rogers suggested developing a betterment policy to state what percentage a resident would pay.

Mr. Healey said that Town Counsel is in the process of drafting an article for Special Town Meeting. He said "betterments" could be added to the article.

Selectwoman Brunelle said she believed there is already a policy for betterments, which would have residents pay 1/3.

Selectman Rogers said the existing policy could be used to determine the cost to residents to extend the system.

Mr. Scippione said the other suggested articles are in regards to the Landfill closure and expansion plan. He presented a site plan to the Board.

Mr. Scippione explained that the current plan is to cap a portion of Phase I and expand Phase II.

Phase I is approximately 3 – 3 ½ acres. The remaining portion will be later filled with trash and capped at a later date.

Mr. Healey will check to see if there is a process to make money available from the FAM account for closure and construction.

Selectwoman Brunelle asked if DEP needed to give approvals.

Mr. Scippione said DEP needs to approve expansion and closure. He said discussions have been going back and forth, and they are tying the need for a gas collection system to the administrative consent order. Mr. Scippione said he will present a detailed report to the Board for their September 8th meeting.

Selectman Rogers noted that, in October 2002, a deficiency letter had been sent to the Town from DEP. He said some of the items have been addressed. However, DEP had said that they wanted the items corrected before giving any further approval.

Selectman Rogers said he was also concerned with delaying the installation of the gas recovery system. He noted that the money has already been approved.

Selectman Rogers noted that the Board had been advised that the cost for the closure and expansion has increased, and an article is being suggested for an additional $1 million. Selectman Rogers said that the plan shows three (3) cells. He said that two (2) could be constructed to save money, and then the Waste Management Advisory Committee could come up with short and long term recommendations for the Landfill.

Selectman Rogers also said that there may be enough money in the FAM account for the closure of the Landfill.

Mr. Scippione said that the plans have been submitted. He explained that if you do not do the whole process together, it would not be in the best interest of the town.

Mr. Scippione explained that there is a major difference in cost because of new requirements which significantly increase the protective layer.

Mr. Scippione said that Phase I contained three (3) cells. Phase II, which is 7 acres, also shows three (3) cells, but could be cut back to two (2) to reduce the cost. He said three (3) cells were suggested because it was more economic. The reduction in cells will provide a "shorter life".

Selectman Rogers noted that there has been legislation proposed from towns protesting the requirement for double layers. He asked where this is at.

Mr. Scippione said he did not believe it would move forward. He said the State has determined that a double liner system is the most appropriate protection. He said the real issue now is the approval and permitting for existing landfills that are lined.

Selectman Rogers asked when the gas collection system would be bid. Mr. Scippione said it has been designed, but must "go through the process". He said the need to put flares in is still a topic for discussion with the State.


Update on Budget FY’04

See Town Manager’s Report.

Request to Approve & Sign Agreement with SEMASS

Chairman Perkins noted a letter from Town Counsel approving an agreement which would allow the Town to participate in a revenue sharing program based on the sale of Renewable Energy Credits.

Mr. Healey told the Board that a meeting is scheduled for September 25th for SEMASS communities to gather to hear an explanation regarding House Bill 523.

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

VOTED: To authorize the Chairman to sign the Agreement regarding SEMASS Partnership Renewable Portfolio Standard Revenue Sharing.

Unanimous Vote.


Request for Appointments to Cultural Council – Botta & Enos

The Board’s Secretary will contact the Cultural Council regarding membership openings.

Request to Use Town Hall Parking Lot – Pratt Farm Fall Festival

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

VOTED: To allow the Pratt Farm Fall Festival Committee to use the Town Hall parking lot as a pick-up station for GATRA buses transporting to the Festival.

Unanimous Vote.

Request to Appoint Special Counsel – Health Officer

Chairman Perkins explained that the Health Officer is in the process of filing criminal complaints in Housing Court. The DA’s Office does not have anyone covering that Court.

Chairman Perkins met with District Attorney Tim Cruz, who has agreed to appoint a special assistant district attorney of the Town’s choice to handle these prosecutions.

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

VOTED: To appoint Attorney James B. Lampke, of the Law Office of Lampke & Lampke, 115 North Street, Hingham, MA 02043, as a special assistant district attorney to assist the Health Officer in Housing court prosecutions at the same hourly rate paid to the regular municipal counsel.

Unanimous Vote.


There was no ‘Old Business’ to discuss tonight.


He said the Committee did not take any action on recommendations for trash recycling fees. He noted that financial information that had not been sent to the Committee, has since been sent.

The Legislation allows Board and Committees to establish fees without a vote of Town Meeting.

The material will be stockpiled until DEP gets to the site to explore and find out the extent of the contamination.

Selectman Rogers noted that the project, funded by Grant money, came in below the amount that was allocated. He suggested researching the use of some of this money for the clean-up.

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

VOTED: To approve the arrangement made by the Health Officer to conduct Food Service Inspections for the Town of Lakeville for a fee of $50.00 per hour.

Unanimous Vote.

Budget Discussion

Mr. Healey gave the Board correspondence from the Police Chief regarding the restoration amount request regarding his budget. The total amount being requested to restore the budget is $218,728.00.

Chairman Perkins said that he and Mr. Healey will meet with the Police Chief.

Mr. Healey told the Board that the FinCom has indicated a lack of interest in restoring funds to various budgets. He said they preferred to "wait and see what happens".

It was noted that the FinCom had intended to meet tonight, but could not properly post the meeting on Friday, as the Town Clerk’s Office was closed. They will meet two (2) weeks from tonight.

Motion was made by Selectman Eayrs and seconded by Selectman Wiksten, to invite the FinCom to meet with the Board on September 8th.

Mr. Healey suggested that the School Committee also be invited.

Selectman Eayrs amended his motion, seconded by Selectman Wiksten. The Board

VOTED: To invite the FinCom and School Committee to meet with them on September 8th to discuss the FY’04 budget.

Unanimous Vote.

Mr. Healey noted a memo from the School Department asking for additional FY’04 funding in the amount of $200,005. This would be for supplies, materials and maintenance items that were cut as part of the $622,114 reduction from the School Committee’s certified FY’04 Budget.

Superintendent Walsh told the Board that it was too late to add staff, especially in these uncertain times. The request would add back basic materials, such as paper, pencils, copy materials and maintenance.

Dr. Walsh noted that 85% of the School Department’s budget is salaries. She noted a commitment that had been made not to cut staff. She said this left little space to cut the $622,000.

Selectwoman Brunelle questioned "Undistributed Funds" in the School Department’s budget. She said this was a considerable sum.

George Simmons, Chairman of the School Committee, explained that "undistributed" meant that it does not fit into predetermined categories, that it was not "mystery money".

Mr. Healey compared the "Undistributed Funds" to the General Government’s "Unclassified".

Selectwoman Brunelle said this was misleading in the budget book, and was asking for clarification.

Mr. Simmons said that he thought it had been broken down in the School Committee’s budget.

Selectwoman Brunelle asked about the enrollment for the last five (5) years. Dr. Walsh said she would give a 10-year projection in her budget packet.

Discussion ensued on where the money will come from. Mr. Healey noted that Local Estimated Receipts are being increased by $500,000. All but $60,000 of Free Cash will be used this fall. He said $327,339 is needed to balance the General Government budget.

Mr. Healey said that it is difficult to monitor achieving the net of Local Receipts. He said that more money will have to be borrowed next year to budget this years budget. There is a $2 million deficit projected for next year.

Mr. Healey said a major new revenue is needed, such as the Landfill or an override. He said if massive cuts need to be made, the Board needs to tell him this so that decisions can be made.

Selectwoman Brunelle said there are a lot of components to the Local Receipts figures. She said there is an initiative going around to eliminate the excise tax. This would be an added burden to the Town.

Neil Rosenthal, a member of the Waste Management Advisory Committee (WMAC) said that because there is financial trouble, it doesn’t mean that the Landfill should be privatized.

Selectman Rogers said that WMAC would discuss this at their next meeting, and is speeding up their recommendations.

Selectman Eayrs asked about other sources of revenue. He asked about the sale of Lakeville Hospital.

Mr. Healey said that this is on tonight’s agenda. He said that the Board needs to negotiate with National Development Corporation (the purchasers of the Lakeville Hospital property). He said that the Board needs to decided on how to approach this.

Mr. Healey said there have been some inquiries regarding the land on Rte. 28. He said he would like permission for the Highway Superintendent to provide some men to clear a portion of the site to expose it and draw more attention to it.

Selectman Eayrs asked about the other proposal for water in Lakeville.

Mr. Healey said this was in the Industrial Park. He said progress is being made with Lakeville.

Chairman Perkins asked Mr. Healey to speak to Rita Garbitt to get an update on all projects that have a positive or negative effect on Middleborough.

Mr. Healey noted that these are one (1) time shots. There is a need for an ongoing revenue. He said that there will be an increase in the need of the School Department next year, and the State may not provide that money.

Chairman Perkins said that the Board had been presented a "preservation budget" a few weeks ago. He noted that this would only "put a patch on losing positions this year". He said it is not a long term fix. He said that there is not an agreement on recommendation from the FinCom.

Selectman Wiksten said that the Board should debate the issue of a trash fee and "get it over with". He said a trash fee could be instituted on a year to year basis. A hearing would be held each year to review the figures. He said the was afraid of where the cuts were going to come from.

Selectman Eayrs said trash fees would not be fair, in that some people generate more trash than others. He said that the elderly should not have to pay. He said he wanted to hear what WMAC had to say.

Selectman Wiksten said he was not "looking to rush the judgement", but to make a decision. He said if the money isn’t generated this year, it cannot be spent in next year’s budget. He said the Board could come up with a fair plan for the elderly and low income. He said this would not happen for 2 – 3 months, and the money would be for next year’s revenue.

Selectwoman Brunelle agreed with Selectman Wiksten that the Board needs to make a decision. She said that WMAC will discuss this at their September 5th meeting. She said she would also like their input. She compared the fees to the water/sewer enterprise system, noting that users pay for the use of a resource.

Mr. Healey said that, if the Board and the FinCom aren’t "on the same page" in deciding how money will be spent, next year will be an absolute total disaster. He said people do not want to pay fees, but noted that the results of inaction would be cuts of whole departments.

Selectwoman Brunelle noted that she has always been opposed to using next year’s Free Cash. She said this should be used for one time expenditures, and not to fund a budget.

Request to Except Leona Way as a Public Way

Selectman Wiksten asked why the Board would want to do this. He asked if it was part of prior negotiations when it was developed.

Mr. Healey noted that no DPW Superintendents are in favor of this.

Selectman Rogers suggested that Department Heads should review private septic or water distribution plans as if they were a Town property.

The Board will discuss Leona Way at their September 8th meeting.


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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $10,574.17.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $1,898.75.

Unanimous Vote.

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

VOTED: To pay the bill submitted by ADT Security Services, Inc. in the amount of $103.42.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $21.37 and $21.35, totaling $42.72.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by the Town of Middleborough in the amounts of $92.43 and $18.03 for water for 46 Soule Street and 63 Miller Street, totaling $110.46.

Unanimous Vote.


Discussion – Plymouth Savings Bank Lease

The Board was reminded that the lease with Plymouth Savings Bank will expire on October 31, 2003.

Mr. Healey asked the Board if they would like him to work with Bruce Arons to research the going rates of space in the downtown, and to negotiate a successor agreement with the Plymouth Savings Bank.

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

VOTED: To direct the Town Manager to negotiate a new lease with the Plymouth Savings Bank.

Unanimous Vote.

Selectman Rogers noted that Town Counsel has recommended an article be put on the Warrant.

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

VOTED: To open the Warrant for the September 29th Special Town Meeting.

Unanimous Vote.

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

VOTED: To direct Town Counsel to draft an article to be placed on the Warrant to authorize the Board of Selectmen to enter into a lease with respect to all or part of the Financial Building.

Unanimous Vote.

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

VOTED: To close the Warrant.

Unanimous Vote.

Appoint Member to Waste Management Advisory Committee

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

VOTED: To appoint Ed Pratt to the Waste Management Advisory Committee to replace Michelle Callahan, who has resigned, and to appoint Arlyce Doucette as an alternate.

Unanimous Vote.

Discussion – RE: National Development Corporation – Water & Wastewater System

The Board noted that this had been discussed earlier under the Town Manager’s Report.

Selectman Rogers suggested that any money offered by the Developer should go into the General Government account because the water system was put in in the 1950s, before there was an Enterprise System.

It was noted that a recent ruling from the DOR prohibits the money from Simeone to be used by the General Government, but rather put in the Water Enterprise account.

Selectwoman Brunelle said that, when the Town originally went to an enterprise system, the question had been brought up of the improvements that were made by the general government. She said there was some discussion in regards to waiving hydrant fees.

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

VOTED: To authorize the Town Manager to draft a letter to the DOR in regards to any funds received by the National Development Corporation.

Unanimous Vote.


Chairman Perkins noted that it is the Moderator’s job to conduct the Town Meeting, and if he would rather have it at the High School, the Board should not stand in the way.

Selectwoman Brunelle said the High School would be more accommodating for the residents, noting that the parking is better.

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

VOTED: To change the location of the September 29th Special Town Meeting to the Middleboro High School Auditorium, subject to its availability.

Unanimous Vote.

One of the proposals would establish that the School Department provide copies of their budget to the Annual Town Meeting attendees. The second would establish a clear and consistent method for utilizing actual Local Receipts numbers for the Finance Committee’s budget planning.

The Fin Com voted to support the bylaw regarding the School Department’s budget.

The Board expressed concerns regarding the possible cost associated with reproducing the School Department’s budget. It was noted that it is approximately "6" thick".

Selectwoman Brunelle said their budget is extensive. She said the School Committee is not required to submit a line item budget under Ed Reform. She noted that they hold a public hearing.

It was noted that the format of the budgets is up to the Finance Committee. Selectwoman Brunelle said she did not think the bylaw was needed to do this.

Chairman Perkins asked Mr. Healey to research what the cost would be to produce the budget.

Mr. Healey said this is a recurring situation, and Mr. Boucher is reluctant to get involved in the issue. He said that the hedge has been there "forever", and to cut it back would expose the inside of the hedge.

Chairman Perkins asked Mr. Healey to report back to the Board in two (2) weeks.

VOTED: To send a letter to the Town Moderator supporting his suggestion to have high school students serve as tellers for Town Meetings.

Unanimous Vote.

Mr. Healey asked if the Housing Authority had plans to do something with the lot. He said he is reluctant to support transferring this property without any real plans.

Chairman Perkins said he did not recollect what occurred at the 1987 Town Meeting, and asked the Town Manager to research this. He also suggested asking the Housing Authority what their intent is.

Mr. Healey noted that the articles the Authority refer to show individual lots. Wood Street has multiple lots.



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

VOTED: To adjourn at 9:45 PM.

Unanimous Vote.


Diane Henault, Secretary