JANUARY 26, 2004

Chairman Perkins called the meeting to order at 7:02 PM.

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



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

VOTED: To approve the Minutes of January 12, 2004.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of January 12, 2004.

VOTE 3 – 0 – 1 (Selectman Wiksten abstained)


Hearing (cont.) – Mobile Home Park Code Violations – Edgeway Park

Chairman Perkins read a letter from Bill Senna, Senna Fitzgerald Gilbert Associates, requesting a continuance of this hearing to March 1, 2004 because of medical problems.

Catherine Hassett, Assistant Health Officer, told the Board that there were several concerns that needed to be addressed. She noted that any drainage plans need to be reviewed and approved by the Health Department prior to being given to the Selectmen.

Ms. Hassett also told the Board that the Building Department has told her that Open Houses are being advertised and conducted on the property in units with no ‘Occupancy Permits’.

Finally, the Fire Department has expressed concern with the lack of street signs on the Lakeville side of the Park. This causes a problem for Middleborough when there is an emergency.

Selectwoman Brunelle said she would agree to the extension noting that no further extensions will be considered. She suggested Mr. Williams be in compliance with the other issues raised by Ms. Hassett by March 1, 2004.

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

VOTED: To notify Mr. Williams of the continue of the hearing to March 1, 2004, and to include the issues of the Health Department.

Unanimous Vote.

Mr. Healey suggested that Mr. Williams be reminded that no license has been issued as of January 1st.

Mr. Healey noted that Mr. Williams had previously asked to allow a buyer to store his furniture in one of the units until the Occupancy Permit was granted. This was allowed. Mr. Healey said the people were then living in the unit by that evening. He said this is one (1) case of illegal occupancy.

Selectman Wiksten asked what could be done to prevent the Open Houses.

Mr. Healey suggested asking Town Counsel, and possibly placing placards on any vacant units to notify the public that they are not to be occupied until a License is issued to the Park.

Selectman Wiksten said Mr. Williams has already been told not to sell any units, but has ignored the Board. He said the families could be evicted, but that would make the Board the "bad guys".

Chairman Perkins noted that civil litigation was put in place a few months ago, and could be used immediately if necessary.

Violation of Health Codes – 18 Webster Street

Catherine Hassett told the Board that complaints have been made about property located at 18 Webster Street regarding garbage and rubbish. A tenant had stored rubbish and garbage in the back yard during the warm weather which caused odor problems. Ms. Hassett contacted who she thought was the owner, but found that the property had been sold to Fernando Ferreira.

A violation letter was written on September 22nd and a re-inspection was done in October. The odor was gone, but the conditions were the same. Another complaint was made regarding tenants putting their rubbish out to the curb on the wrong day, and as a result rubbish blew down the street.

Ms. Hassett said she attempted to contact all tenants. She said it is the responsibility of the owner to ensure that the property is properly maintained.

Mr. Ferreira was present. Joseph Amorium translated for him.

Selectwoman Brunelle asked if the tenants were advised as to the appropriate pick-up date for their trash.

Mr. Amorium said they were. He said Mr. Ferreira goes to the property "every other day" to ask the tenants to maintain the property. The next day, the tenants start to put trash "all over the place".

Selectwoman Brunelle asked if Mr. Ferreira had considered providing a dumpster.

Mr. Amorium said he was afraid the tenants would not use it.

Selectman Wiksten asked how many apartments were in the building.

Mr. Amorium said three (3).

Selectman Wiksten said that, if it is not owner-occupied, a dumpster must be provided.

Mr. Amorium said Mr. Ferreira was not aware of this.

Selectman Wiksten said this would resolve the problem. He suggested the tenants be notified that there will no longer be curbside pick-up.

Selectwoman Brunelle suggested giving two (2) weeks notice, making the last pick-up day Monday, February 9th.

A letter will be sent for Mr. Ferreira to provide to his tenants, and the DPW will be notified.

Meeting with Fire Chief – RE: Closing of Substation

Selectman Wiksten left the room for this discussion.

Chief Silva was present to discuss the possible future closing of substations. He told the Board that, due to limited overtime funding, this might be a possibility. Chief Silva said he would possibly close the North Station from time to time as necessary because of overtime.

Selectman Eayrs told the Chief that he needed to come up with a plan to go to the FinCom. He said the North Station is a new building, and it is unacceptable to close it. He said everyone needs to cooperate.

Chief Silva said he had no problem going to the FinCom, but wanted the Board to be informed. He said he had ideas and solutions to resolve the problem. He agreed that the station should not be closed.

Chief Silva explained that, in order to maintain 4-1-1 at the stations, overtime is needed. He said that one of the firefighters is in Afghanistan. Because of the contract, there are two (2) people always off on vacation, personal day, sick time, etc. He said it’s hard to say they can’t take the time off because the contract says they can.

Chief Silva noted that money from AMR is put into the General Fund. He will ask for this amount to go towards overtime at the station.

Selectwoman Brunelle said the Chief’s request to the FinCom is a legitimate one, as a firefighter being called to Afghanistan is an unforeseen emergency.

Chairman Perkins asked if previous issues regarding excessive sick time have been resolved.

Chief Silva said this has improved since the last contract. He explained that budgets were cut, and he cannot keep up with the overtime. His overtime budget has remained the same in the last couple of years, but employees continue to get raises, costing more.

Chairman Perkins noted that there was an extremely high amount of overtime spent in December. He asked if this was attributable to the move to Central Station.

Chief Silva said that a lot of time was requested because it was the end of the year.

Mr. Healey said that the Chief has repeatedly indicated the need for more overtime in his budget. He has not received it in FY ’02,’03, or ’04. He said this has been a constant problem.

Mr. Healey said fire protection is a critical public safety service, and provisions will have to be made to staff stations and keep them manned.

Selectman Rogers agreed that the building cannot shut down. He said the Board will support the Chief’s request. He also agreed that the money from AMR was to go back to the Fire Department. This would be an extra $12,000.

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

VOTED: To endorse the Fire Chief’s approach to the FinCom.

Unanimous Vote.

Selectman Eayrs further requested that the Chief send a copy of his "plan" to the Board, and submit the amount of additional funds being requested for this year and the upcoming year.


Request for Appointment as Constable – Mario Robert Diliddo & David Shanks

The Board received two (2) requests for appointment as a Constable. It was noted that the Board had set a quota of eight (8). There are currently six (6).

Chairman Perkins noted that all proper paperwork had been submitted. CORI checks have come back as required. He said he knew both applicants, and is in favor of the request.

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

VOTED: To appoint Mario Robert Diliddo and David Shanks as Constables for the Town of Middleborough.

Unanimous Vote.

Request for Sunday Entertainment License – Papa Gino’s

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

VOTED: To approve the request of Papa Gino’s for a Sunday Entertainment License for a jukebox, video game, and kiddie ride from 11 AM to 10 PM.

Unanimous Vote.

Request to Approve Above-Ground Storage – 166 Plymouth Street

Chairman Perkins asked the Fire Chief if he had any objection to the request.

Chief Silva said the request is to increase the size of the storage for propane. Because it will now be over 1,000 gallons, the Board has to approve.

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

VOTED: To approve a License for above ground storage tanks for propane totaling 2,200 gallons.

Unanimous Vote.

Request to Use Jackson Street Parking Lot – Fire Chief

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

VOTED: To allow the Fire Department to place one 20-foot box trailer in the corner of the Jackson Street parking lot near the playground to be used for storage of equipment and mechanical supplies.

VOTE 4 – 0 – 1 (Selectman Wiksten abstained)

Request to Deficit Spend for Snow Removal – Highway Superintendent

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

VOTED: To authorize the Highway Superintendent to deficit spend for snow removal purposes.

Unanimous Vote.

Request for Reappointment – Agricultural Commission

Darlene Anastas, Chairman of the Agricultural Commission, was present.

Chairman Perkins noted that the Committee has been together for over a year, and asked that an update be provided in reference to what the Committee has done.

Ms. Anastas said she is preparing the Annual Report for the Town, and would have this for the Board later this week.

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

VOTED: To reappoint Darlene Anastas and Larry Harju to the Agricultural Commission for a term to expire January 31, 2007.

Unanimous Vote.

Request to Store Unoccupied House Trailer – Michael Grant d/b/a K.R.S. Repossessions, Inc.

Mr. Healey questioned if the Health Department and the Building Department had reviewed the request for a building and health point of view.

Selectwoman Brunelle said this needed to be clarified.

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

VOTED: To continue the request until the applicant can be present, and the appropriate departments review the request.

Unanimous Vote.

Request to Use Town Hall Auditorium – Lincoln D. Lynch School

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

VOTED: To allow Lincoln D. Lynch and School Street Schools to use the Town Hall Auditorium on January 30, 2004 and February 6, 2004 for kindergarten dances.

Unanimous Vote.

Request to Vote to Refund 1994 Bond Issue – Treasurer/Collector

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

VOTED: That, in order to reduce interest costs, the Treasurer is authorized to provide for the sale and issuance of bonds under G.L. c.44 §21A, to refund all or any portion of the remaining principal of and redemption premium and interest on the Town’s Municipal Purpose Loan of 1994 Bonds dated April 15, 1994; and that for this purpose the Treasurer is authorized to provide for the preparation and distribution of a Preliminary Official Statement; provided, however, that no bonds shall be issued under this vote unless and until the final interest rates and other terms of the refunding bonds are approved by this Board.

VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)





Approve & Sign Agreement for Engineering Services – Tibbetts Engineering Corp.

Mr. Healey explained that this contract is for work necessary to provide engineering services on Plain Street in the Spring. The Board has committed to providing services and police details as required. Estimates for use of Chapter 90 monies have been approved by Mass Highway.

Chairman Perkins said his previous questions have been satisfied.

Selectman Wiksten asked if Tibbetts has been to Plain Street since the start of the project.

Mr. Healey said they have, noting that they stopped the project when there were complaints about asphalt breaking up following frost. This will now be redone.

Selectman Wiksten asked Mr. Healey to contact Mr. Caswell of Plain Street to give him an update.

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

VOTED: To approve and sign the agreement with Tibbetts Engineering Corp.

Unanimous Vote.


There was no further discussion of the Town Manager’s Report.


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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $23.27 and $23.39, totaling $46.79.

Unanimous Vote.

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

VOTED: To pay the bill submitted by SEMASS in the amount of $12,838.13.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Consultants to Management in the amounts of $640 and $640, totaling $1,280.00.

Unanimous Vote.



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

VOTED: To pay the bill submitted by Thevenin, Lynch, Bienvenue, LLP in the amount of $5,000.00.

Unanimous Vote.


Review Sewer Fee and Charge Schedule

Wastewater Superintendent, Joe Ciaglo, was present.

Selectman Rogers explained that a draft had been given to the Board for their comments and direction. This will be taken to Lakeville again.

Selectman Rogers said that work has been done on revising the wastewater charge system and a revised sewer policy that affects the existing Board policy on Infiltration and Inflow(II). The current policy was adopted in 1997, but needs to be updated.

Selectman Rogers explained that II is the infiltration and inflow of the sewer system. This ends up at the Wastewater Treatment Plant. Over time cracks in pipes and manholes allow rainwater and groundwater to enter. This all ends up being treated. He said II is a methodology to evaluate where the cracks are in the collection system and to repair them.

Selectman Rogers said the police has been expanded to include three (3) options:

  1. A proponent to perform a ‘water use reduction program’;
  2. Selectman Rogers explained that this would be used in older home sin the sewer service area. It would replace old types of toilets and faucets. The concept would be to find where there are old toilets and replace them.

  3. A proponent to perform construction services to repair previously identified II locations in the sewer service area.
  4. Selectman Rogers this option would establish a value and make repairs in problems areas that you know exist.

  5. A proponent to pay into a ‘sewer project engineering or construction’ fund so monies can be accumulated and used by the ‘Board of Sewer Commissioners’ to ‘find’ where II problems exist or make repairs to existing II problem areas by hiring a contractor.

Selectman Rogers said this option would allow an engineer to be hired to find II problems.

The prices for the different options are as follows:

Option 1 $2.25/gallon

Option 2 $2.50/gallon

Option 3 $3.00/gallon

Mr. Ciaglo said that Options 1 and 2 would give the most removal of water entering the system unintentionally. He said Option 2 would allow the developer to use his own person. Option 3 would be done by the Town. It would address all II that have been identified, but have not been repaired because of lack of money.

Selectwoman Brunelle asked who would establish the priorities for money in Option 3.

Selectman Rogers said the intention is to have the Board of Sewer Commissioners work with the Wastewater Superintendent to set the priorities.

Selectwoman Brunelle asked how that determination would be made.

Selectman Rogers said that sometimes small pieces could be done if there wasn’t enough funds to do the entire project.

Chairman Perkins suggested scheduling a Public Hearing on the II .

Mr. Healey agreed, and thanked Selectman Rogers for the amount of work that was done.

Selectman Rogers also explained the revised Sewer Rates and Charges fee system.

Selectman Rogers provided an updated charge system for new connections to the sewer collection system.

A newly devised "Publicly Owned Treatment Works, or POTW Tie In fee was also provided. This is for those who are ‘out of the sewer service area’ and/or ‘out of town’. It is an accepted name for the Town’s Wastewater Treatment Facility located off Everett Street which discharges treated wastewater into the Nemasket River. The formula also the rate payers to "collect" back what has been paid into the facility at today’s values.

It was the consensus of the Board to hold a public hearing on February 9th.

Review Middleborough/Lakeville Inter-Municipal Agreement

Chairman Perkins explained that a sub-committee, including Selectman Wiksten and Selectman Rogers, had been formed to develop and draft an Inter-Municipal Agreement between Middleborough and Lakeville. The Board was presented with a draft this week, but Chairman Perkins suggested that certain parts of the agreement will require more time.

Selectman Eayrs said he would like to make some comments regarding the draft that he would like incorporated.

Selectman Eayrs said he had reviewed the proposal and congratulated and acknowledged the work that Selectman Rogers and Selectman Wiksten had done.

Selectman Eayrs noted a recent newspaper article stating that Lakeville had ratified the Agreement. He said it gave the impression that this Board’s approval was imminent. However, he said there were several issues that needed to be looked at.

Selectman Eayrs said the Town is committed to a certain gallonage. He said future Boards should not be restricted in terms of industrial development.

He said the Agreement should also acknowledge that Middleborough and Lakeville are not the same. Middleborough is in possession of the Water Department, and Lakeville isn’t. He said the Agreement suggests they’ll own the facilities if they start their own Water Department.

Lakeville residents also would be paying less than Middleborough residents for sewage. Selectman Eayrs said this is not fair.

Selectman Eayrs also suggested there should be a provision that there will be no water service without sewer services. Betterments should also be passed on.

Selectman Eayrs said he took issue with billing Lakeville residents directly, and then contacting the Town of Lakeville if they don’t pay. He noted that the Town of Carver is billed directly, and they assess their residents.

The Agreement also says that Lakeville can lien property, but Middleborough can’t.

Selectman Eayrs said that the Agreement has to be transacted to Middleborough’s benefit. It must protect everything that is at stake. He also noted a list of current Lakeville customers that include Lakeville Hospital. This would not allow the Board to negotiate with new owners.

Selectman Rogers said that Selectman Eayrs’s comments were good. He noted that the Agreement says that Lakeville residents would have to conform to Middleborough’s Water and Wastewater Policies. He noted the Agreement is only a draft, and can be upgraded.

Selectwoman Brunelle said her concerns were similar to Selectman Eayrs’s. She questioned if any determination had been made for leftover funding on the Grant, and how it would be dispersed. This should be incorporated into the Agreement.

Selectman Eayrs noted that water projects reimbursed by the Commonwealth should go to Middleborough because "we have the utilities". If we didn’t, the Grant would be of no value.

Selectwoman Brunelle suggested the approval process include a Town Meeting vote.

Chairman Perkins concurred with Selectman Eayrs and Selectwoman Brunelle. He said the sub-committee needs to be careful in remembers that they represent the Board. Any input has to be given from that position. He said he did not want to do anything different than the Agreement they have with other Towns, i.e. Carver.

Chairman Perkins noted that, the way the water main runs down Bridge Street, also provides active fire protection. He said there should be an assessment for that service.

Selectwoman Brunelle asked if ‘As-Builts’ were needed for what is there.

Selectman Rogers said these exist in the Sewer and Water Departments.

Mr. Healey noted that a main still exists on Rhode Island Road which is not mentioned in the Agreement.

Richard Chamberlin asked what kind of reserve the Town has with the present system.

Mr. Healey said about 900,000 gallons/day.

It was noted that this would provide water to all residents, but the money is not there to do this.

Selectwoman Brunelle noted that a Plymouth County Regional Planning Committee is trying to regionally plan for protecting the water supply.

Mr. Healey said the current weakness in our system is storage.

Adam Bond, a resident, asked if there was any ability to create an emergency clause that would assure Middleborough residents get their water first.

Selectman Rogers said it is difficult to do this because of the looping system.

Mr. Bond said the Town has an asset, and Lakeville needs to pay for it. H suggested assigning a value, an amortizing over a period of time.

Bob Luckraft, a resident, asked the Board to remember that Middleborough’s quality of life will be effected by growth in Lakeville. He also suggested considering putting money into a fund to preserve Open Space along the Nemasket River.

Chairman Perkins noted that the money would have to go to the revolving account, and not into the General Fund.

Neil Rosenthal said that Middleborough will supply Lakeville with water and sewer with, or without, an Agreement. He said any Agreement should benefit Middleborough. He said he has read the draft and found nothing that benefits Middleborough. He said he was not certain that there can be an Agreement drafted to suit both towns.

Mr. Rosenthal also noted that Middleborough should retain its right to negotiate with Lakeville Hospital. He said an Agreement is not necessary to charge them.

The Board will further discuss the IMA at their next meeting.

Town Clerk & Town Accountant Resumes

The Board will review the resumes that have been submitted at their next meeting. Interviews will then be set up for the top 2 – 3 candidates for each position.

Seven (7) resumes were submitted for the Town Accountant position. Five (5) were submitted for Town Clerk.

Request for Reserve Fund Transfer for Labor Counsel

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

VOTED: To request a Reserve Fund Transfer in the amount of $20,000 for Labor Counsel.

Unanimous Vote.

More than $16,000 of the $20,000 budgeted for this year has been used to resolve the conflict in the Assessor’s Office. The Board will also use Labor Counsel for upcoming negotiations.


VOTE: To refer a letter from Mike Carver regarding parking at his business on Station Street to the Police Chief and Highway Superintendent for their recommendations.

Unanimous Vote.

VOTED: To send a letter to Firefighter Edward Ginn commending his life saving effort at an accident on Spruce Street on January 18, 2004.

Unanimous Vote.

VOTED: To send a letter to the Police Union acknowledging their letter requesting to begin negotiations.

Unanimous Vote.






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

VOTED: To enter into Executive Session at 9:40 PM, not to return to Open Session, for the purpose of discussion Litigation and Impact Bargaining.

A poll vote was taken. Selectman Rogers, Selectman Wiksten, Selectwoman Brunelle, Selectman Eayrs, and Chairman Perkins approved.

VOTE 5 – 0



Diane Henault, Secretary