AUGUST 1, 2005



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


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

Selectman Wiksten was absent.





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

            VOTED:  To approve the Minutes of July 25, 2005.

            Unanimous Vote.


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

            VOTED:  To approve the Executive Minutes of July 25, 2005.

            Unanimous Vote.




Request to Approve ‘Pledge of License’ – Royal Café


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

VOTED:  To approve the transfer of the Assignment of Pledge for the Royal Café

to 14-16 Center LLC.

            Unanimous Vote.


Request for Title V Variance – 49 Wall Street


Jeanne Spalding was present.  She said she approve the request for a sieve analysis.


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

VOTED:  To approve the request of AZOR Land Sciences. Inc. for a Title V Variance for property located at 49 Wall Street to allow the substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing per 310CMR Section 15.104.

Unanimous Vote.


Hearing (cont.) – Robert Weaver – RE:  Class II License – Non-Payment of Taxes


This item had been continued from last week because Mr. Weaver had not been given 14 days notice.


Selectman Bond noted that the hearing had not actually been opened at the last meeting, and therefore this was not a “continued” hearing.


Chairman Perkins opened the hearing.


Mr. Weaver was not present.  He had been sent a certified mail, and a copy of the letter was left at the business address.


Chairman Perkins explained that Mr. Weaver had made a payment arrangement with the Treasurer/Collector for his outstanding taxes.


Selectman Bond noted that this is not the first time this has happened.


Selectman Andrews asked what the power of the Board was after revocation.


Mr. Healey said Mr. Weaver would not have a license to operate.  The Registry would be contacted to let them know that he cannot legally process the sales of vehicles.


Chairman Perkins said he believed the Board could take him to court if he continued to operate.


Hearing no further comments, Chairman Perkins closed the hearing.


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

VOTED:  In accordance with the Town Bylaws, to revoke the Class II License in the name of Robert Weaver d/b/a Sport’s LTD, 539 Wareham Street, Middleboro, MA for failure to comply with a payment agreement for non-payment of taxes, failure to appear after proper and due notice, and being a chronic non-payer. 

            Unanimous Vote.




Request to Appoint Trustee – Middleborough Library Board of Trustees


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

VOTED:  To appoint David Fisher as a Trustee for the Middleborough Public Library.

            Unanimous Vote.


Request to Declare Surplus Property – Middleborough Public Library


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

            VOTED:  To declare three (3) 60-drawer card files as surplus property.

            Unanimous Vote.


Request to Increase Hours for Nurse’s Aide – Health Officer


Jeanne Spalding asked the Board to approve the increase of the Nurse’s Aide’s hours from 19 to 25 starting August 1st due to increased patient load and increased patient needs.


Ms. Spalding told the Board that this was previously a 36.25 hour position that was reduced based on the reduction in need of services, with the understanding that if the need arose the hours would be increased.


Ms. Spalding said she had reviewed the job description for the position previously held by Betty Brown, and found the responsibilities are beyond what is taking place.  The position should be a Support Services Entry Level 1.


Selectwoman Brunelle asked what the duties of the position are.


Ms. Spalding said it is a support for the nurses.  It includes home visits, personal care services for the elderly, and follow-up for transitional patients.  She explained that it helps to keep the elderly in their homes for a longer period of time.


Ms. Spalding said the need fluctuates.  She is asking for an increase to 25 hours at this tine.  She said the need will not always require this.


Selectwoman Brunelle asked if there was a charge for the services.


Ms. Spalding said there is not, explaining the services are provided for those in need who have no insurance coverage.


Selectwoman Brunelle said that some communities charge a nominal amount, such as $10 per visit.


Ms. Spalding said that cost would be extreme to those people using this service.


Chairman Perkins noted that the increased hours would make the position “benefited”.


Ms. Spalding said the position was previously benefited, but was dropped down.  She said the person currently in the position will not need the medical insurance.


Chairman Perkins noted that there are added costs for indirect expenses.  He asked if this could be covered with the Health Department budget.


Ms. Spalding said she couldn’t answer this unless all departments were to incorporate those costs.


Chairman Perkins suggested waiting two (2) weeks for the Board’s decision.


Ms. Spalding said she had brought the request forward to Mr. Healey a few weeks ago.  She said there are people on a “waiting list” and the employee has been working beyond the 19 hours.


Selectman Andrews asked for the history of the position.


Ms. Spalding said the position was developed, based on need, about 30 years ago by then Town Manager, Anders Martenson, Jr.  It has been funded ever since.


Selectman Andrews asked for the demographics of the people who use the service.


Ms. Spalding said it is those who “can’t get out of their house”, have no family in the area, and can’t gain services in other manners.  She said they have to be residents, and are evaluated by the Public Health Nurses prior to receiving the service.


Selectwoman Brunelle asked if the Visiting Nurses Association could provide this service.


Ms. Spalding explained that they bill Medicare.


Selectman Andrews asked if “lack of insurance” is a pre-requisite.


Ms. Spalding said it is not.


Selectman Bond asked what the average time was for someone staying on this program.


Ms. Spalding some 4 months or less.  She noted that some do stay on longer.


Selectman Bond asked what the difference would be in funding the position at the increased hours.


Ms. Spalding said about $4,500 per year.


Chairman Perkins noted benefits cost about $12,000 per year.


Tom White asked, if people who insurance are served, why isn’t the Town billing the insurance.


Ms. Spalding said the persons insurance doesn’t extend beyond a certain period of time, but the services are still needed.  She said people who are eligible for services through their insurance are not served.


Jane Lopes asked how many residents are visited per week.


Ms. Spalding said about 22 per week.


Discussion ensued on “subbing out” the services to the VNA.


Ms. Spalding said sub-contracting is not “high on my list”.


Selectman Andrews asked if it could be done.


Ms. Spalding said she had not looked into it.


Selectwoman Brunelle suggested Ms. Spalding investigate this option and report back to the Board.


Chairman Perkins said there were too many unanswered questions to vote in favor of the request tonight.  He said he needed more specific detail of the actual cost, including changing classification, hourly rate increases, and the benefits package.


Mr. Healey suggested having one of the Public Health Nurses come in to make a presentation about the full program.


The item will be revisited in two (2) weeks.


Request to Close Summer Street – Mass Highway


The Board received a request from Mass Highway to close Summer Street and detour traffic for 12 to 18 months to replace the Summer Street Bridge over the Taunton River.


Chairman Perkins asked if anyone had spoken to officials in Bridgewater.  He said there is a lot of traffic, and at least one (1) business will be impacted with a detour to Rte. 18.


Selectman Andrews asked what guarantee the Board has that the project will be finished in 12 – 18 months.


Chairman Perkins said there was none.


Mr. Healey was asked to speak to officials in Bridgewater, and the Police and Fire Chiefs.


This item will be discussed at the Board’s next meeting.


Request to Sign Agreement – Middleborough Gas & Electric Department


Chairman Perkins read a letter from the Treasurer/Collector regarding the request of the G&E Department to deposit their annual portion of the retirement amount assessed to the Town by the Plymouth County Retirement Association, into its depreciation fund.


Ms. MacDonald noted that this would result in a revenue loss of $41,972.40 to the general fund for fiscal 2006.


Chairman Perkins questioned if the money could be put in the depreciation fund, which is designed to cover equipment expenses. 


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

VOTED:  To table the request for two (2) weeks, directing the Town Manager to talk to Jim Collins regarding the loss of revenue and how it could be mitigated, and asking Town Counsel about the issue of putting the money in the Depreciation Account.

            Unanimous Vote.


Selectman Bond also had questions regarding specifying dates within the agreement.  The Board’s Secretary will contact Town Counsel.


Selectman Bond also suggested a letter from the G&E Commissioners that they agree to the agreement.


Mr. Healey said that the agreement “states the obvious”.  He said the G&E is an enterprise department in the Town that has its own commissioners. 


Request to Approve & Sign Notes – Treasurer/Collector


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

            VOTED:  To award the following bid for School Roofs & HVAC High School:

Webster Bank                          $900,000.00                            3.09%

            Unanimous Vote.


Request to Authorize Chairman to Sign Contract Forms for Chapter 90 Monies – Highway Department


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

VOTED:  To authorize the Chairman to sign the Contract Forms for Chapter 90 monies.

            Unanimous Vote.




There was no ‘Old Business’ discussed tonight.




Trash & Recycling Fee Update


Mr. Healey told the Board that more people continue to rescind their decision not to have their trash picked up.  Changes have been allowed through the month of July.


Mr. Healey said that he and Selectman Bond had met several times concerning ways to restructure the Trash & Recycling Fee structure to be more equitable, and have developed the following proposal for the Board’s consideration:


1.      All those property owners (households) that have been picked up during the first quarter (July to September) will be billed $54.00 in September.

2.      The bill will allow for an option to pay a flat fee of $18/month going forward or pay for stickers at $2.50 / sticker (bag) (Pay As You Throw).

3.      Those who elect to continue the flat fee will be given the option to pay the full annual fee of $216.00 in September and receive their $25.00 Landfill Permit free of charge (this was Jim Wiksten’s idea).

4.      Those who elect to pay the flat fee (either upfront or quarterly) will be required to put their trash bags in barrels with their street number and address written in Black Permanent Marker on the side of the barrel.  There will be no limit on the number of bags.

5.      Those that elect the Pay As Your Throw option will purchase stickers, in groups of ten, from the Town and place a sticker on each bag they put out.

6.      The Town will keep track of all Trash & Recycling Revenue coming in to establish that the program is designed to fully cover the cost of providing the service.

7.      Multiple family building owners must choose one or the other (flat fee or PAYT) for the entire building.

8.      Each household will be asked to make a decision to continue with the flat fee, to choose the sticker option or to discontinue Town operated Trash & Recycling services by the end of September.  Once a decision is made, there will not be an opportunity to choose another option until the month of May, when anyone who wished to change their option will be able to do so.  Any change will take effect July first and be effective for the new fiscal year.


Mr. Healey said the Board needs to make a decision as soon as possible so that the logistics can be worked out.


Selectman Bond suggested a further public hearing.  He said the ”dollars” still have to be worked out, and where the bags/stickers will be sold.


Mr. Healey said stickers would probably be sold at the Town Clerk’s Office, but noted that this would be an additional burden on an office where clerks have already been cut.


Selectman Bond suggested a self-addressed stamped envelope could be used.


Selectwoman Brunelle said that additional time, and additional personnel if needed, needs to be incorporated into the calculations.


Mr. Healey suggested implementing any changes by mid-September at the latest.


It was suggested that the Town Clerk, Treasurer, Highway Superintendent, Town Counsel, and anyone else who would be involved attend the hearing.


The hearing will be held on Tuesday, August 9th at 7:00 PM in the Town Hall.


Selectman Andrews said he did not agree with getting a “free landfill permit” for paying in full.  He said this was not fair to those residents who cannot do this.


Selectman Bond suggested letting Selectman Wiksten “defend” the idea.


Chairman Perkins felt it was a good idea.






Request to Use Town Facilities


Mr. Healey told the Board that he had received a request from Cindra Carey to allow a collection box to be set up at the Town Hall or some other central Town location for the public to leave used cell phones for the benefit of The Mastocytosis Society.


The Board had no objection to the request, but suggested a better location would be the two (2) large supermarkets in town.


Mr. Healey will find a suitable location.


Update on Route 44


Mr. Healey said that he had spoken to Skip McCourt.  Mass Highway has sent revised plans reflecting a guardrail barrier from Route 58 to Route 105 to the Federal Highway Administration or approval.


Mr. Healey said John Cogliano had asked that the draft plans be on his desk by Monday, and they were.


South Middleborough School Lease and Transfer


The Board was given documents that were drafted by Attorney Murray and Attorney Robert Mather.


The Board will invite both attorneys to their August 15th meeting to review the documents.


Letter from GATRA


Mr. Healey told the Board of a proposal from GATRA to operate a shuttle between the Town of Wareham and the Middleborough/Lakeville MBTA Station.  GATRA has asked for the Town to provide a ‘satellite” parking lot location in South Middleborough, possible the Fire Station.


The service would also provide transportation from the Middle and High Schools to the Teen Center located in the MJHS.  Mr. Healey noted that the shuttle is a public transportation service, not a school bus, and would be available to be “hailed” by anyone.


Selectwoman Brunelle asked if bus stops could be established along the routes rather than people hailing the bus.


Mr. Healey said he would ask.


Selectwoman Brunelle asked about transportation to assist the elderly.


Mr. Healey said he is working on that, noting transportation would be provided to the supermarkets.


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

VOTED:  To support GATRA’s operation of a shuttle between the Town of Wareham and the Middleborough/Lakeville MBTA station, approving the following requests:

1.                  permission to travel along local roadways as designated on the map included in correspondence dated July 17, 2005;

2.                  permission to use the fire station in S. Middleborough (or an alternate location) as a satellite parking lot for no more than 20 cars, to stripe an appropriate area for parking and to place a sign;

3.                  permission to go to the High School and Middle School grounds to provide service for students to the Teen Center, subject to approval of the Superintendent and/or School Committee.

Unanimous Vote.


Acorn Street Traffic Issues


Mr. Healey will work with the Police Chief and Highway Department in regards to a letter he received from Frederick P. & Donna A. Grant, concerning signage on the island where Acorn Street meets Wood Street.


Job Posting – Water Station Operator


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

VOTED:  To authorize the position of Water Station Operator – Grade 5 – to be filled as soon as possible.

            Unanimous Vote.




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

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

            Unanimous Vote.




Discussion - Freight House


The Board received correspondence from the Building Commissioner regarding the condition of the Freight House located on the Washburn property.


Selectman Bond asked if Town Counsel had been asked about the Town’s exposure, under State Building Codes, of the building being open to the weather.  He asked what the cost to do the repairs would be.


Mr. Healey said he did not know.


Selectman Bond asked about people gaining access to the building.


Mr. Healey said there is no indication that the building is being accessed.


Selectman Bond suggested contacting a non profit group, such as a vocational school, to help do the work.


Mr. Healey said he could ask the Highway Superintendent to cost out the materials.  He noted the difficulty in repairing the building because of the crumbling slate roof.


Selectwoman Brunelle asked Jane Lopes if she was aware of any grants to do this work.


Mr. Lopes said a designated use would have to be established first.  She asked if the Board had considered auctioning it, or allowing another town use.


Chairman Perkins suggested Mr. Healey come back with a cost proposal, and talk to the Peirce Trustees.  He also suggested the Board revisit the option of an auction.


Selectman Bond asked if the Board would have an objection to his having discussions with State legislators to see about using it as a depot for the MBTA.


Mr. Healey said there was no reason not to ask, but noted that previously the MBTA had said they could not make the time table into the city with another stop.


Selectman Bond suggested the concept of alternating the trains.


Selectwoman Brunelle said her only concern was a safety issue because of the 3 – 400 cars.


Selectman Bond said this could provide more business in the Everett Square area.


Ms. Lopes suggested re-doing an RFP without the grain mill.


Selectman Andrews suggested offering the property with the freight house, or the option of demolishing it.


Letter from Brook Street Resident


The Board received correspondence from Paul and Aimee Grace, 12 Brook Street, regarding their loss of confidence in Mr. Healey’s ability to handle the gas at the Landfill.  The Grace’s are asking that the Board take a vote of “no confidence”.


Chairman Perkins said he would not endorse this.  Selectman Andrews agreed.


Mr. Healey said he had initially responded to the Grace’s in February, and hadn’t heard any more since then.  He said he would not resign.


Selectwoman Brunelle noted that the issues at the Landfill are not totally the Town Manager’s responsibility.


Chairman Perkins agreed, noting that the “blame” also lies with the Board, the engineers, and DEP.


It was the consensus of the Board that there was no basis for a no confidence vote.


Dog Complaint Hearing


Chairman Perkins noted that, according to the Town’s Bylaws, a hearing must be held within 10 days of the apprehension of dogs.


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

VOTED:  To hold a public hearing regarding dog complaints filed by Muriel Duphily, on Thursday, August 4th, at 7:00 PM.

            Unanimous Vote.


All parties will be notified.


Complaint – Everett Street


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

VOTED:  To forward unsigned correspondence regarding complaints of partying on Everett Street to the Police and Fire Chiefs.

            Unanimous Vote.


Appointment – Water/Wastewater Committee


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

VOTED:  To schedule an appointment of a member to the Water/Wastewater Committee at the August 5th meeting.

            Unanimous Vote.


Selectman Bond suggested the Board’s Secretary note that positions have been advertised when a request is made to fill a vacancy.




v     Bruce Arons provided an activity update to the Board.


v     Mr. Healey said the Town has received approval of the administrative review concerning the ‘Authority to Operate’ the Landfill.


v     A copy of a request from the State for lease space will be forwarded to the Office of Economic & Community Development.


v     Discussion ensued on notification to the Town that Waste Management has submitted an application for a $50 million Bond, and names the Town of Middleborough as a pending project.


Mr. Healey said this was done out of anticipation.


v     A letter from Rep Canessa regarding Grant Programs will be forwarded to the Police Chief.


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

VOTED:  To authorize the Town Manager to draft a letter to the Lt. Governor regarding a Round Table Discussion to be held on August 5th in Brockton, for the Chairman’s signature.

Unanimous Vote.


The topic of the discussion will be Education.


The Board’s Secretary will forward the information to the School Superintendent.




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

VOTED:  To enter into Executive Session, not to return to Open Session, at 9:43 PM, for Litigation and Contract Negotiations.

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

VOTE 4 – 0




Diane Henault, Secretary