FEBRUARY 2, 2004


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

Selectman Rogers, Selectman Eayrs, and Selectwoman Brunelle were present.

Selectman Wiksten was absent.



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

VOTED: To approve the Minutes of January 26, 2004.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of January 26, 2004.

Unanimous Vote.


Hearing – Request for Class II License – T&M Enterprises – 581 Wareham Street

Chairman Perkins read the following: "The Middleborough Board of Selectmen will hold a public hearing on Monday, February 2, 2004 at 7:05 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Brenda Hubbard & Ralph Hunt d/b/a T&M Enterprises, for a Class II License for the premises located at 581 Wareham Street, Middleboro, MA (Assessors Map 102 Lot 949). Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Brenda Hubbard and Ralph Hunt were present. Ms. Hubbard presented the green cards.

Ms. Hubbard told the Board that the money she will pay for the first year’s rent will be used to make improvements to the property.

Ms. Hubbard said that the when Bill Gedraitis had inspected the property in December, he had asked that the property be made "aesthetically pleasing to neighbors". She said the garage has been painted. The unregistered vehicles there are for repairs. She said tires have been removed and the fence has been repaired.

Chairman Perkins noted that there are no taxes due on the property.

Chairman Perkins read a letter from Jeanne Spalding in regards to the request. She said that she and the Building Inspector had inspected the property on December 1, 2003. At that time the applicant was asked to clean up the property and contact the Health Department for a reinspection. The Health Department has not been contacted.

Ms. Spalding recommended the Board deny the request for the license until the applicant:

  1. Removes all unlicensed vehicles
  2. Removes all vehicle parts
  3. Removes all tire piles
  4. Repairs all fence sections in disrepair
  5. Provides this office with a current Title 5 certification as to the status of the septic system
  6. Clarify the various intended uses in the facility and by whom
  7. Ensure proper restroom(s) are available and operational
  8. Contact the Building Department and Health Department for a reinspection

Chairman Perkins also read a letter from Bob Whalen, Building Commissioner. He said that he had reviewed the information on file, and noted that this has been an ongoing problem since 1978 with respect to location and maintenance.

Mr. Whalen recommended the Board address the following concerns before issuing a license:

  1. Repair the 6’ stockade fence as required in 1978
  2. Verify the existence – nonexistence of underground gasoline storage tanks from former use as a gasoline station
  3. Verify status of spray paint booth
  4. Verify status of bathrooms
  5. Address unregistered vehicles

Ms. Hubbard said that two (2) motorhomes in front of the property will be moved once the engine has been taken out of one and put into the other.

Selectwoman Brunelle said the Board shouldn’t consider issuing the license until all issues have been addressed. She said the problems are significant.

David smith, 577 Wareham Street, addressed the Board. He asked how many vehicles were being requested. He noted there were approximately 70 cars in 1978, when 14 were approved.

Ms. Hubbard said 20.

Mr. Smith asked what would happen if the "partnership" between Ms. Hubbard and Mr. Hunt dissolved.

Chairman Perkins said they would be required to come back before the Board.

Selectman Eayrs explained that the Board likes to "start up on the right foot with everybody". He said it makes it easier to maintain. He noted that abutters have rights.

Selectman Eayrs said the current condition of the property is "worse than bad", and noted he would rather have it "functional" than remain in the current condition.

Mr. Smith asked if the Class II License would automatically allow a spray paint business for auto body.

Chairman Perkins said it would not.

Mr. Smith asked how close the License would be monitored.

Selectman Eayrs said annual inspections are done by the Town Manager to be sure the business is in compliance.

Ms. Hubbard noted that she is only renting a portion of the property.

Selectman Eayrs said this did not excuse the rest of the property.

Mr. Smith suggested the Board visit the site to inspect the condition of the fence.

Mr. Healey asked about the unregistered vehicles, noting they were an issue the last time a License was held by Mr. Hunt.

Mr. Hunt said that the vehicles are repair customers. He said he is "grandfathered" for auto repair, but would rather have a Class II License.

Mr. Hunt told the Board that, previously, he had had 140 vehicles on the property at one time, but only one (1) was for sale. He said there are no restrictions on the number of vehicles he can have on the property for repairs.

Mr. Healey asked about the status of the underground tank.

Mr. Hunt said they were removed by Amoco in 1978.

Mr. Healey asked if bathroom facilities were available for the public.

Mr. Hunt said there is one (1) bathroom available.

Mr. Healey asked if the Title 5 system has been inspected.

Mr. Hunt said the property has not changed hands.

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

VOTED: To continue the hearing until further inspections by the Health Department and Building Department indicate that the property is in compliance.

Unanimous Vote.

Hearing (cont.) – Request for ‘Change of Manager’ – Papa Gino’s

Chairman Perkins noted that the hearing had been continued due to "misinformation" regarding Mr. Oliver’s CORI. He apologized for any inconvenience this may have caused.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve a ‘Change of Manager’ for Papa Gino’s, appointing Bruce Oliver as the Manager.

Unanimous Vote.

Meeting with the Water Superintendent – RE: Request for Reconsideration

Richard Tinkham was present to address the Board regarding the coke filter and sand filter at the East Grove Street Well.

Mr. Healey noted that the project has been on the list for improvements for some time. Mr. Healey said the ten million dollar authorization that was voted at Town Meeting should be considered an authorization to make improvements to the system by the Board, over time, determines to be needed.

Mr. Healey also explained that the East Grove Street Pump Station will continue to produce water. The coke filter repairs are needed to properly aerate the water to oxidize the water so that the iron and manganese will precipitate out in the sand. The sand medium is low and ‘tired’ and must be replaced.

Mr. Tinkham told the Board that the planning process for this had started some time ago. In the Fall of 2002 the level was reaching the point that guidelines call for replacement. He obtained an estimate of the cost with the intention of getting started and be done as a part of capital improvement. A letter had been sent to the Treasurer in April of 2003 to request a breakdown of the bonding. His intent was to establish funding. He said he would like this project to be included under the Capital Improvement Projects. The project should be done before the maximum demand period starts, as it would be taken completely out of service.

Selectman Rogers gave a detailed explanation of the how the coke filter and sand filter works. He said the project has to be done.



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

VOTED: To get an opinion from Town Counsel, for next Monday, regarding the wording of the Town Meeting article that was passed for the Capital Improvement Projects.

Unanimous Vote.


Update on Budget – FY’05

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

VOTED: To submit a level funded budget to the FinCom, with contractual amendments.

Unanimous Vote.

Selectman Eayrs questioned if the line item for Legal Counsel would be enough for next year.

Chairman Perkins said the FinCom is asking for level-funded budgets to be created at this time. Each Department will have the opportunity to "present their case" if items need to be increased.

Request to Approve & Sign Paperwork for Rocky Gutter Property – Division of Fisheries & Wildlife

Mr. Healey said this process has been ongoing since Town Meeting authorized the transfer of two (2) parcels in the Rocky Gutter WMA. This is the final action needed.

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

VOTED: To approve & sign an ‘Acceptance of Full Settlement’ and a ‘Release Deed’ for property already owned by the Division of Fisheries & Wildlife.

Unanimous Vote.

Request to Approve & Sign Plymouth Savings Bank Lease

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

VOTED: To approve and sign the Plymouth Savings Bank Lease.

Unanimous Vote.


There was no ‘Old Business’ to discuss tonight.


Chairman Perkins asked that Mr. Healey also check on the traffic signals for Rte. 28 on Wood Street and report back.

Chairman Perkins asked the Board to consider appointing two (2) members to serve on a Collaborative Leadership Group for Middleborough’s future. This Ad Hoc Group would be composed of two (2) Selectmen, two (2) members of the School Committee, two (2) members of the Finance Committee, a member of the Capital Planning Committee, the Superintendent of Schools and the Town Manager.

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

VOTED: To appoint two (2) members to service on a Collaborative Leadership Group.

Unanimous Vote.

Selectman Eayrs, Selectwoman Brunelle and Chairman Perkins said they would like to be part of this Committee.


Discussion ensued on establishing a needs assessment and developing a Five Year Finance Plan that can be reviewed and updated annually. Selectwoman Brunelle said she felt this was taking away from the Capital Planning Committee, and the FinCom’s responsibility to make recommendations.

Chairman Perkins said the plan would not usurp any authority.

Selectwoman Brunelle said it would give a better understanding of what the department’s are in the process of accomplishing.

Selectman Rogers said it was a good idea that was well received.

Mr. Healey said it is important to convey how Town finances work, and why we don’t know what Free Cash will be until the books close on June 30th. He said people believe it appears to "come out of nowhere" at the end of August, or beginning of September. He said there is a lack of understanding regarding Local Receipts.

Mr. Healey said the good news is the Local Receipts for the first half of the year. He said this will still not be enough, and the group should talk about generating additional revenues. He said no budgets can be further cut without cutting personnel and services.

Mr. Healey also noted the increases in fixed costs, including a huge increase in health insurance costs, and steps.

Selectwoman Brunelle suggested looking at the health insurance consortium that the Town belongs to. She asked if there were other alternatives. She suggested the Insurance Advisory Committee make recommendations.

Jane Lopes asked how many people from the Board would be on the new Committee.

Chairman Perkins said two (2) were recommended. HE said that Selectwoman Brunelle and Selectman Eayrs will be the appointees, and he would "tag along" to make sure it stays on track. He said there have been no responses from other Boards at this time.

Selectman Eayrs said he was concerned whether or not Mr. Costello was going to go forward with the project.

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

VOTED: To send a letter to Mr. Costello asking that the submit requested information to the Board within two (2) weeks or come before the Board.

Unanimous Vote.

Selectman Eayrs said that Mr. Costello needs to let the Board know if he’s not going forward with the project.

Selectwoman Brunelle noted that Mr. Costello is "engaged in other endeavors". She said if this project is being put on the back burner to proceed with those projects, the Board needs to know.


Selectman Rogers wondered if Mr. Costello had presented design plans to the ZBA.

Selectman Eayrs said if he had, that would be fine. He questioned who the architect and engineer were. He said the Agreement with the Board calls for there to be a Purchase & Sale established based on the resolution of certain issues.

Mr. Healey said he knows Mr. Costello had hired an architect from Plymouth a few days before appearing before the Board. He said he knows there is a signed contract with an engineer, and a check has been given. He said he would have to believe that some plans are in the works.

Mr. Healey suggested any timelines put in place by the Board could be built into a draft P&S.

The Health Department is requesting the balance of $2100 transfer to the clerical account for the purpose of hiring temporary part-time office help for the next few months needed to assist in managing the backlog of paperwork that has built up since the position was frozen the previous year.

Mr. Healey said he brought the request before the Board because the Board had imposed a hiring freeze in January of last year.

Selectwoman Brunelle asked if Ms. Brown was the only one who does the visiting nurse duties.

Mr. Healey said the other nurses also do this.

Selectwoman Brunelle asked if it would be more feasible to increase the hours of the other nurses.

Mr. Healey said he was sure this would’ve been requested if it was feasible.

Chairman Perkins suggested asking Ms. Spalding for her reasoning, and providing a comparison of what the cost would be.

Mr. Healey also informed the Board that the Assessor’s Office has posted a position. He asked if the Board would like to question this with the Assessors in light of the hiring freeze.

Chairman Perkins said the Board does not have the right to do this, and was not in favor of asking them.

Selectwoman Brunelle said the Assessors need to make decisions based on what is the best course of action in that department.

Mr. Healey said he just wanted to be consistent, and felt obligated to bring this to the Board’s attention.

Chairman Perkins said he would probably recommend that this be put out to bid, but wanted to do some research.

Selectwoman Brunelle suggested looking at the insurance for the Police & Fire Departments, too. Currently, insurance only pays the first $15,000 for injured employees, leaving the Town responsible for the rest. She asked if the Town could pay the first $15,000 leaving the rest for insurance.

Chairman Perkins said this is possible, but at an exorbitant rate. He said he would add the information to his package.

Selectman Rogers noted that the Athletic Fields Study Committee will be getting a final presentation on Wednesday. He suggested a recommendation from the Committee.

Selectwoman Brunelle said it was nice that Weston & Sampson did extra work, but if they didn’t expect to get paid, they shouldn’t have sent the letter. She noted there is no money left in the budget to pay for additional services.


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

VOTED: To pay the bill submitted by W.B. Mason Company, Inc. in the amount of $113.28.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, 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.


Review Middleborough/Lakeville Inter-Municipal Agreement

Selectman Rogers said that he had not had time to make changes to the Agreement based on comments made last week. He suggested making the changes, getting approval from Selectman Wiksten, and then bringing it back before the Board.

Review Applications for Town Clerk & Town Accountant Positions

Chairman Perkins read a letter from Sandy Bernier. Because of her retirement, the following positions will be vacant:

  1. Clerk to the Board of Registrars
  2. Parking Clerk
  3. E-911 Coordinator
  4. Town representative on the Commission of Disability
  5. Burial Agent

Ms. Bernier informed the Board that the Assistant Town Clerk and Accountant has the authority to act in her place for purposes of signing warrants and other Town Clerk matters that require a signature. She noted that there needs to be a Town Clerk in position prior to the State Election on March 2 because the ballots for the Town Election must be ordered with the Town Clerk’s name on them.

Mr. Healey said he needed to point out the fact that the Town Clerk position did not grade at a level of Department Head in the Non-Union Plan. He noted the other duties mentioned by Ms. Bernier, and suggested to see if these duties were included in the analysis. He suggested that the Personnel Board and Non-Union Group accept this.

The Board’s Secretary was asked to contact the Chairman of the Personnel Board to see if this could be reviewed this week.

Mr. Healey asked who would do the regrading if it is done.

Selectman Rogers said the Personnel Board.

Selectwoman Brunelle suggested sending a letter to incorporate the additional duties, and redefine/regrade that particular position.

Selectman Eayrs noted that the positions of Town Clerk and Town Accountant had been re-advertised, and he was satisfied with the number of candidates. The next step would be to narrow down to 2 or 3 individuals for each position, collect references, and schedule interviews within the next two (2) weeks.


It was the consensus of the Board to hold a special meeting during the week of February 16th (President’s Day). The Board decided on Wednesday, February 18th, beginning at 6:30 PM. Interviews will be scheduled 30 minutes apart.

Selectwoman Brunelle said there was only one (1) acceptable candidate for Town Clerk that has the experience to move forward with no interruption in the Department. She noted they all have good credentials.

Selectman Eayrs said the Board should interview two (2) or three (3) candidates for each position, ranking for suitability for the position.

Chairman Perkins and Selectman Rogers agreed.

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

VOTED: To consider Eileen Gates for the position of Town Clerk.

Unanimous Vote.

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

VOTED: To consider Donna Dean and Dawn Mackiewicz for the position of Town Clerk.

Unanimous Vote.

Chairman Perkins said, for the Town Accountant position, education and background need to be looked at.

Chairman Perkins and Selectman Rogers suggested Steven Dooney, Lisa Higgins, and Jeanne Spalding.

Selectwoman Brunelle and Selectman Eayrs suggested Steven Dooney, Lisa Higgins and Erika Correia.

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

VOTED: To consider Steven Dooney, Lisa Higgins, Jeanne Spalding and Erika Correia for the position of Town Clerk.

Unanimous Vote.


If any of the candidates cannot attend on the 18th, another night will have to be scheduled.


Town Meeting Warrant – Annual Town Meeting

Selectwoman Brunelle suggested opening the Warrant, with a possible date in the first week of June for the Annual Town Meeting.



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

VOTED: To open the Warrant for the Annual Town Meeting, and close the Warrant on Friday, March 19th.

Unanimous Vote.

Selectwoman Brunelle strongly suggested that Department Heads be warned that the Warrant will not be reopened for any additional Articles after the 19th.

Set Joint Goals and Objectives with Town Manager

Mr. Healey had provided the Board with a list of Goals and Objectives. The Board was asked to make any amendments they felt necessary.

Chairman Perkins went through the list, and added and removed several items. The list, with revisions, is as follows:

List of Tasks and Objectives


Personnel Matters

  1. Town Clerk – Job description and grade revision
  2. Custodian positions – Review need and recommend reorganization
  3. Assistant Town Manager and/or D.P.W. Director positions – Review and make recommendation
  4. Reorganization of Health Department (personnel and hours)
  5. Consider amendment of Non-Union Agreement to permit hiring personnel at a step higher than step one
  6. Involvement of Labor Counsel in Contract Negotiations
  7. T.M. and Superintendents participation in D.P.W. Contract Negotiations
  8. Evaluation report of all Dept. Heads under your control per Town Charter with suggestions for improved job performance
  9. Prepare suggestions for reorganization within Depts
  10. Look at areas where we might save money and increase efficiency by privatization of services


Highway Dept. and Related Matters

  1. Clay Street Deadending
  2. Consider re-opening of Pleasant Street (Frontage Road)
  3. Complete Phase One of Plain Street paving and drainage
  4. Consider culvert upsizing on Summer Street to allow water through Cornell’s bogs faster
  5. Request M.H.D. to widen shoulders and install jersey barriers on Route 44 from Route 58 to Route 105 to prevent head-on collisions
  6. Preparation of a Sidewalk Improvement Plan
  7. Bid and Construct Gas Wells at Landfill
  8. Bid and Construct new Landfill cell and close existing cell After Subcommittee Reports
  9. Relocate entrance to Landfill and install earthen berm
  10. Consider contracting out the operation of the Landfill
  11. Review of Capital Outlay Needs of Highway Department and Landfill
  12. Monitor M.H.D.’s completion of signal lights at Wood Street and Route 28
  13. Monitor M.H.D.’s completion of signal lights at Rte. 28 and Rte. 105

Water Department and Wastewater Department

  1. Further Carver Water Negotiations for Loop, Water Storage Facility and potential Wells Subcommittee Assignment
  2. Consider water storage facility on Town-owned land off Plympton Street as alternative to Carver After recommendation from Subcommittee
  3. Coke Filter and Sand Replacement Project at East Grove Street
  4. Cleaning and Lining old mains
  5. Water and Sewer Rate Increase
  6. Upsizing of Nemasket River Interceptor – Bid and Construct
  7. Lakeville Inter-Municipal Agreement

Building Department

  1. Installation of new Software and application procedures by Fax or email
  2. Open office on Wednesdays

Veteran’s Services Office

  1. Review expenditures to date and assist Agent in Budget development
  2. Coordinate memorial plans with changes needed in Town Hall Lawn irrigation systems and walkways
  3. Assist Selectmen in fundraising support for the Veterans agencies to fund Memorial Project

Administrative Buildings Account

  1. Secure funding for scraping and painting and repair of caulking in roof to stop leaks at Town Hall
  2. Secure funding for new windows; repairs to brick work, sealing bricks and repairing stone façade work and ramp at Bank Building - Third floor renovations so we can lease or use
  3. Installation of Computerized Cash Registers at Town Accountant and Town Clerk’s Office
  4. Sound systems and wireless mikes in Selectmen’s Room
  5. Finalize Lease Agreements for cell towers at Town Hall

Information Technology

  1. Work with Department Heads in need of Services and the I.T. Director to develop a work plan with target dates to meet their needs – Assist Board in hiring a consultant to review and upgrade entire IT system


  1. Middleborough Youth Advocates – Coordinate Key Word Initiative, Community Service Learning Grant Participation, alcohol abuse prevention grant participation – coordinate with School Department
  2. Work with Selectman Eayrs on secular Christmas display and seek funding source for it
  3. Complete affordable Housing Plan and secure Town Boards and DHCD approval
  4. Complete and distribute Athletic Playing Fields Plans and seek funding to build on first site
  5. Assist the Selectmen, Finance Committee, Town Financial Officers and Department Heads in the preparation of the Town Budget
  6. Improve attitude with Selectmen – stop being so defensive
  7. Complete daily log of work
  8. Get training needed to become computer literate and begin using IT to more efficiently communicate and complete tasks


Selectwoman Brunelle’s Suggestions


Selectman Eayrs’ Suggestions

Selectman Rogers felt that the Board had touched on everything, and had nothing to add.

Circle Liquors – Liquor License

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

VOTED: To schedule a hearing for next week to consider the revocation of Circle Liquor’s Liquor License because of non-payment.

Unanimous Vote.


Selectman Rogers asked that the Town Manager be authorized to authorize Weston & Sampson to ask for additional tonnage at the Landfill. Currently 37 tons are allowed per day. The increase would be for 60 tons.

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

VOTED: To authorize the Town Manager to have Weston & Sampson Engineers Inc. file a Notice of Project change to MEPA to obtain the option to receive up to 109 tons per day at the Landfill.

Unanimous Vote.

Selectman Rogers also suggested that the Town seek additional funds at Town Meeting for three (3) cell construction at the Landfill, and to bid the project prior to Town Meeting action.

This will be part of WMAC’s report which will be issued in March.

Mr. Healey said a letter with comments was already sent to one (1) entity. He will draft something for next week.

Mr. Healey said it is likely that a WRPD hearing will be required.



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

VOTED: To adjourn at 9:40 PM.

Unanimous Vote.


Diane Henault, Secretary