MAY 12, 2003


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

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

Selectman Wiksten entered the meeting at 7:40 PM.



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

VOTED: To approve the Minutes of May 5, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of May 5, 2003.

Unanimous Vote.


Meeting with Ambulance Advisory Group – RE: Final Draft Contract – AMR

Selectman Rogers introduced members of the Advisory Group: Bill Warner, Patricia Kayajan, Judge Robert Anderson, Chief Silva and Mr. Healey.

Selectman Rogers told the Board that the contract with AMR expires on June 30, 2003. He thanked members of the Advisory Committee for their professionalism in working on a new agreement.

The proposed contract does the following:

  1. Enhances services and reporting requirements and provides penalties if response times are not met (over 12 minutes).
  2. Response times are maintained at nine (9) minutes, but ambulances will be housed at Middleborough’s fire stations (2 ALS at Central and South; 1 BLS at North) which could lessen response times. It should be noted that ambulances at South and North stations could, at times, be responding to calls to adjacent communities.
  3. AMR will pay the Town of Middleborough or more accurately, reduce their annual payment by twenty four thousand dollars ($24,000). This annual payment for Housing will not start until January 1, 2004 and will reduce the first year by $12,000.00.
  4. There have been three (3) areas of violations created:
    1. Response time of AMR
    2. Ambulance availability Use
    3. Accurate information from dispatch
  1. Provides added training to police and fire personnel which includes:
    1. AED or automatic external defibrillator
    2. First Responder
    3. Basic Privacy Training

With a revised service fee as a financial benefit to the Town.

  1. AMR has provided two (2) defibrillator "loaners" to the Fire Department given as a service under the contract.
  2. Because of "State Waiver" there will be 2nd ambulance available at the ALS – Advance Life Support, a majority of the time.
  3. The contract requires upgrades to ambulances every four (4) years. AMR purchased new ambulance in September 2002.
  4. Improves communication responses to emergency calls, by allowing AMR dispatchers to answer calls directly from the caller. While this lessens dispatch times, it also provides medical treatment to the "caller" by AMR dispatchers giving medical information on what to do to help prior to the ambulance’s arrival at the scene. This service can be implemented right now, by the Board of Selectmen requesting it. A policy between Police, Fire and AMR needs to be developed between parties.
  5. The Town of Middleborough pays less money for the first two (2) years of the contract. The annual cost of $220,000 has been reduced in the first year (July 1 – June 30, 2004) to $190,000; the second year to $205,000; third year $220,000; fourth year $234,000; and fifth year $250,000.
  6. The annual sum will be reduced further by ambulance housing payments by $24,000 a year, which will be increased by the C.P.I. percentage each year, starting in the second year. First year payment will be $12,000, as housing will start on January 1, 2003.

  7. The contract provides ‘ancillary’ transport services, if the Town of Middleborough in the future obtains a ‘basic’ transport license and is unable to respond to emergency calls.

Mr. Warner said the EMS Committee has reviewed the contract and has no problems with it. He said it is consistent with what has been done in the past, but also provides for penalties. The Committee recommends to proceed upon approval by Town Counsel.

Selectwoman Brunelle asked if the Contract could be for five (5) years, instead of the previous three (3), without a Town Meeting vote.

Chief Silva said that Town Counsel has okayed this.

Selectwoman Brunelle asked how the response time would be monitored once the call goes to AMR.

Chief Silva explained that the time is recorded by both the Police and Fire Departments when the call is received.

Selectwoman Brunelle suggested that language be added to the Contract that would require any additional amendments over the five (5) years to be negotiated with the EMS Committee and approved by the Board of Selectmen. Any adjustments would be made in writing.

Mr. Warner said Town Counsel could amend this.

Representatives of AMR included Kevin Prendergast, VP of Operations for AMR Northeast, and Chris Blach, Director of Operations.

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

VOTED: To approve and sign the Ambulance Contract, subject to changes as outlined by Selectwoman Brunelle and approval of Town Counsel.

Unanimous Vote.

Meeting with Attorney Robert Kraus – RE: St. Luke’s Hospital

Attorney Robert Kraus was present to represent Shawn and Mary O’Donnell, who purchased the proposed almost a year ago.

Attorney Kraus said a multitude of uses have been explored, including health care facilities, and universities and colleges. None have worked out.

Attorney Kraus said he is asking for assistance from the Board to move forward with development of a residential facility. The project will consist of 61 condominium units, and will be a 40B project.

Preference will be given to residents of Middleborough, or those who work here. Prices will range from $180,000 to $200,000 for the regular priced units.

Tentative plans were shown to the Board. There will be three (3) additional townhouse units surrounding the current building.

Attorney Kraus said he is seeking support from the Board to move forward. The next step would be to file in front of the ZBA.

Chairman Perkins noted that there had been discussion in reference to a police station being sited on part of the property. He asked if this had been considered.

Mr. O’Donnell said that he had spoken to the Town Manager, and did not feel this would be feasible.

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

VOTED: To send a letter supporting the proposed project.

Unanimous Vote.

Meeting with Health Officer – RE: Tispaquin Family Campground

Jeanne Spalding met with the Board to discuss the request of Tispaquin Family Campground to operate a Family Type Campground at 68 Purchase Street.

Ms. Spalding reminded the Board that the license was never granted last year, although the facility continued to operate without permits. She noted that a ‘Cease & Desist’ order was issued last year and this year.

Barbara Holton was present. She told the Board she had spoken to Attorney John Gushue. He has drafted an answer to Ms. Spalding’s concerns.

The concerns included:

  1. Insufficient septic system capacity;
  2. Gray water discharges onto the ground in 2002;
  3. Deficient beach testing in 2002; and
  4. Zoning/Special Permit violations.

Ms. Spalding noted that violations had been cited many years ago by Doris Balonis.

Ms. Spalding said that beach testing was completed by a private company. She noted Ms. Spalding’s refusal to do this.

Ms. Spalding noted that he facility was operating without a license.

Attorney Daniel Murray was present. He said that any ZBA issues would be separate from matters being discussed tonight.

Mrs. Holton said the letter from her Attorney said that the problems have been solved. If it is not to the Board’s favor, a hearing will have to be held.

Mrs. Holton noted that she had continued to operate last year because she had already paid for her license. Ms. Spalding noted that a refund could have been requested.

Selectman Eayrs asked Ms. Spalding if she had revisited the property. Ms. Spalding said that she has been denied access.

Selectwoman Brunelle noted that notice was received from the DEP, regarding the water supply issue, that was later rescinded. She noted that the Town has disagreed with DEP and asked if Ms. Spalding has spoken any further to them.

Ms. Spalding said she has not.

Mr. Healey asked Ms. Holton if she intended to operate in compliance with the number of units issued under the permit. Ms. Holton said the permit lists the number of sites.

Mr. Healey said that sites and units are the same, and asked if Ms. Holton was going to continue to violation the zoning issue. The permit allows for 57 sites, which Ms. Holton maintains is 114 units.

It was the consensus of the Board to hold a public hearing on June 9th. Ms. Holton was reminded that she is still under a Cease & Desist Order.

Hearing (cont.) – Request for Well Waiver from Board of Health – Rinta

Brian Grady, G.A.F. Engineering, was present.

This was a continued hearing. The Board has requested additional information as follows:

Mr. Grady explained that the request is to install a well within the 200’ required setback. Two (2) perc tests had been done on the property. One was at a rate of 7 minutes, the other was 4 minutes. He noted that the request is in compliance with the State Code.

Ms. Spalding said she did not see any outstanding issues.

Selectman Rogers noted that the Board "has to bend" for an existing home. He said it is difficult to approve for a new home. He said he was concerned where the groundwater flow was going.

Pamela Davis, 41 Beach Street, said that her cesspool was close to the proposed well, and worried that she would have problems upgrading her system in the future.

Mr. Grady showed the plans. He said the governing factor is the location of Ms. Davis’ well, which is closer to her cesspool than the proposed one. He said he believed Ms. Davis could upgrade her system.

Mr. Grady said there was no information regarding Ms. Davis’ well at the Health Office.

Chairman Perkins read a letter from Frederick and JoAnne Taylor, abutters to the property. They said that Mr. Rinta is trying to do something totally unadvisable to this confined piece of land, and asked that it remained as is.

Chris Corbin, 41 Beach Street, noted that there is already a well on Mr. Rinta’s property, which operates at a very slow rate. She was also concerned with surface water coming onto her property.

Chairman Perkins noted that the Conservation Commission has issued a Permit with an Order of Conditions.

Mr. Grady noted that the existing well was never tested, as it is used for irrigation.

Selectman Rogers asked if there were any wetlands on the property. Mr. Grady said there is not.

Selectman Eayrs asked if Ms. Spalding recommended approval.

Ms. Spalding said she did. She also noted that the location of a septic system would have to be a minimum of 100’ from the existing well, and would therefore have to be moved if an upgrade was done at 41 Beach Street.

Selectman Wiksten asked if past variances are done typically for lots used for this nature or existing systems.

Ms. Spalding said most have been for upgrades, but noted there is nothing in the regulations that prevents it for new homes.

Bob Luckraft asked if a study for groundwater had been done. Mr. Grady said it had not, noting that he did not anticipate any problems.

Selectman Wiksten noted that the Board had required Debbie Blais to do a study when she had made a request for a variance.

Ms. Spalding said that was for surface water.

Mr. Grady said that surface water was addressed at the ConCom. A berm will be placed to prevent runoff on the abutter’s property.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request for a variance to the Board of Health Regulation "Location of Well Sites" for property owed by Paul Rinta, Jr., Beach Street, Map 104, Lot 2734 as follows, with a condition that a deep well be constructed:

VOTE 3 –2 (Selectman Wiksten and Selectman Rogers opposed)

Hearing (cont.) – Request for Title V Variance – 520 Plymouth Street

This was a continued hearing. The request is to upgrade a septic system.

Darren Michaelis, Azor Land Sciences, Inc., was present.

Mr. Michaelis reminded the Board that there is an existing shallow well in the basement of the house. There are two (2) existing cesspool upgradient of the existing well. The proposed new leach field is off the edge of the driveway, with a deep well in the back yard.

Mark Cloutier, owner of the property, told the Board that they do not wish to connect to Town Water because of ‘chlorine’ and because of the large quantity of water they use for their horses.

Selectman Rogers noted that he had visited the property.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To grant the request for a Title V Variance for property located at 520 Plymouth Street, for a reduction of the setback of the leach field with a percolation rate of 2 mpi from the existing well from 200’ to 75’, subject to the construction of a deep well.

Unanimous Vote.

Hearing – Request for Title V Variance – 86 Thomas Street

Chairman Perkins opened the hearing.

Ms. Spalding explained that the request is for a sieve analysis for an upgrade to an existing dwelling. She recommended approval.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To grant a Title V Variance for 86 Thomas Street to allow a sieve analysis in lieu of a perc test.

Unanimous Vote.


Meeting with Health Officer – RE: TB Screening Fee

Ms. Spalding told the Board that the nurses had previously done TB screenings, but are no longer required to do for the general populous. They are only required to test at-risk and investigating individuals.

Ms. Spalding said there has been on ongoing demand for this test. She is asking for a $15 fee to cover the purchase of the product and the nurses supplies and time.

Ms. Spalding clarified that those people required to be tested by the State would not be charged. She also noted that, once the vial is opened, it expires in a short time. She said offering the service would allow the supply to be kept more current.

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

VOTED: To approve a $15.00 fee for TB Screening and related services.

Unanimous Vote.


Update on Budget – FY’04

Landfill Update

Mr. Healey read the following update on the Landfill which was in his report:

As you know, we are awaiting D.E.P. approval of an application to build the next landfill cell. Town Meeting has authorized $2,000,000 to build it and $365,000 to install an active gas recovery system. Our engineers now say that, based on recent bids, the cost of the new cell will be $3,000,000 not $2,000,000. If the Town is going to continue operation, we will need to plan to add this to the Fall Town Meeting.

N. E. Waste Systems (NEWS) and Waste Management (WM) both stated, at last Saturday’s interviews, that they would submit clarifications or amendments to their proposals, essentially to "match" the competitors proposal. Specifically, NEWS said they could move up the F.A.M. substitution and $900,000 initial payment, and, WM said they would agree to collect trash and recyclables and pay our SEMASS Bill. Attached you will find their additional information.

Also attached are the updated costs for operation of the Landfill, trash collection and disposal and recycling collection.

At the end of each Fiscal Year, the Town Accountant transfers an amount from Landfill Revenues to the Financial Assurance Mechanism (F.A.M.) Account. This year’s principal and interest will bring the F.A.M. Account from 1.3 to over 1.5 million dollars (see attached). We should use the 1.5 million-dollar figure in our discussions, as this is the amount the contractor would have to put up as a substitute F.A.M. Once the substitute F.A.M. is in place (August ??) the 1.5 million will be freed up and the selectmen can apply it to the budget of put it "in the Bank".

In addition to freeing up the $1,500,000 closure fund, both companies now offer to collect our trash and recyclables and pay our SEMASS bill through 2016, and, in part, thereafter for the life of the contract (2023). This year, that will be about $150,000. Trash and Recycling collection costs are $600,000 (see attached), and our Landfill operating costs are $425,000 (see attached). In addition, Don Boucher has had to assign Highway personnel to Landfill duty frequently. He calculates one man-year, with benefits, that equates to $75,000.

NEWS offer includes all of the above and an additional one time payment of $900,000 on signing. WM offered to purchase our equipment at the appraised value (up to $1,600,000) and both offered a Royalty of about $8.50 per ton. They both included a Household Hazardous Waste Day each year with WM limiting the amount they would pay to $25,000.

And both companies said that their proposal was ‘negotiable’, so that further concessions or increases might be negotiated.

As the proposals currently stand, both companies will replace the F.A.M. as early as August ($1,500,000 will be freed up and become available to deal with the Town’s Budget problems), both offer cash or purchase of equipment ($900,000 to ?) both will take over trash, recycling and landfill operation costs (saving the Town an estimated $1,300,000 this year and each year thereafter for 20 years) and pay our SEMASS bill each year for 20 years (currently $150,000). This does not include royalties that could generate another $600,000 per year.

Entering into an agreement with one of these firms will resolve the Town’s financial problems well into the future. The avoided costs alone will get us through the difficult times we are now in and the difficult years ahead. The royalties could be placed in an interest-bearing account to be used to meet the Towns’ needs in these areas after the twenty-year contract period.

HOWEVER, there is a great deal of misinterpretation and misinformation circulating concerning the so-called Privatization of the Landfill. Much of the misinformation is due to the fact that the Town has not yet had many Public Meetings where we have discussed the concept and shared details of the proposals we have received.

I would like to suggest that the Selectmen commit to holding a series of Public Meetings to share information and to solicit public input while exploring all the options available to the Town with a view toward developing a consensus on the course of action that is in the best interest of the Town. The Board of Selectmen are already involving the C.P.C. and Finance Committee in this review. The Selectmen have, for several years now, reviewed the costs and revenues in an attempt to move toward full cost recovery. In recent months, we have considered options that would actually generate revenue and the assumption of costs by the private contractor that are now borne by the Town.

Clearly, there is no disagreement about the fact that the Landfill is very costly to operate and that, with the current limitation on tonnage, the Town cannot operate at a breakeven point. The landfill has become a drain on the Town’s dwindling resources that cannot be ignored. It is possible to reorganize the landfill operation, contract with a private firm to operate the facility and achieve breakeven or positive revenue from the operation of the Landfill.

The objective of the Public Meetings and Review Process by the Committee is to fully explore all options that will achieve a breakeven or positive cash flow from the operation of the Landfill (including construction, operation and closure and post closure costs). Having explored and costed out all options, the Committee will recommend to the Selectmen a course of action they believe to be in the best interest of the Town.

The Board may wish to consider taking the Summer to complete this process, remove the article for now on the Warrant and, if appropriate, after the process is completed, consider placing another Article on the Warrant at the Fall Special Town Meeting.

Selectman Eayrs said that the process is going way too fast. He said that it has sounded like it’s a done deal.

Selectman Eayrs said it was ironic that the Board has to go to an elected vote to pass hunting regulations and takes this this far without public input. He said "money is not the end of the game".

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

VOTED: To remove the Article regarding the landfill off of the Annual Town Meeting Warrant.

Unanimous Vote.

Selectwoman Brunelle said the concern with the landfill began two (2) years ago. The Board has been trying to make this a self-supporting system. To do this, the Town would have to increase the tonnage from 30 – 60 tons per day. She said the proposals were requesting 250 tons/day. She said this would cut the life of the landfill considerably. She asked Mr. Healey what the status was for the Town’s request to increase to 60 tons.

Mr. Healey said it is "pending". He explained that the State has had a cutback in personnel.

Mr. Healey said the tonnage being discussed can be negotiated with the proposers. He said all options need to be investigated to find a balance and reach a consensus as to what is best for the Town.

Mr. Healey said that there had never been talk of "leasing" or "selling" the landfill. The discussion has been an operating contract.

Chairman Perkins said he supported the motion, noting that there has been a lot of misinformation put out to the community. He said the Board is on a fact-finding mission to do what is the best solution to a difficult problem. He said this will directly impact those who live next to the landfill.

Selectwoman Brunelle noted that the proposals did not contain provisions for absorbing the current debt.

Mr. Healey said the gas recovery system will add another million dollars to the $2 million that was appropriated.

Selectman Rogers said that there has been a perception problem that the Board is charging ahead. He said the Town Manager has had "an aggressive schedule".

Selectman Rogers said that an advisory group has been formed to look at the proposals and other options, such as managing the landfill ourselves and hiring specialists.

Selectman Wiksten noted that there has been misinformation in the newspapers. The tonnage can be compromised. He said the Town "should not be in the landfill business" because of the cost and requirements.

Selectman Eayrs said the financial benefit is obvious, but the other side, the environmental and neighborhood impacts, have not been studied. He said this would be the Town’s final landfill.

Neil Rosenthal said he would like to see the Board go further and reject the proposals that have currently responded to the RFP.

Ann Holmes, Eddy Street, said there has been a serious communication problem between the Board and the residents.

Selectman Rogers said he was against rejecting the RFPs, noting that an advisory group has been formed to make recommendations to the Board, which could include rejecting the RFPs.

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

VOTED: To reject the RFP’s and continue in investigating options presented in the proposals and others.

VOTE 3 –2 (Selectman Rogers and Selectman Wiksten against)

Selectwoman Brunelle said she would like a formalized study committee through the Board. She said the current committee is self-appointed.

Chairman Perkins agreed and suggested some of the people in the neighborhood should be involved.

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

VOTED: To establish an ad hoc committee to review landfill operation options, to consist of Two (2) members of the Capital Planning Committee; two (2) members of the Board of Selectmen; the Highway Superintendent, the Town Manager, and five (5) members at large.

Unanimous Vote.

Selectman Eayrs suggested the committee be given the information that the Board received in the RFPs.

The Board asked that applications be submitted to the Selectmen’s Office by two (2) weeks.

Mr. Healey suggested that the Agenda could list those items that will be discussed under the Town Manager’s Report.

Quarterly Tax Payments

Sandy Bernier and Judy MacDonald were present.

Chairman Perkins explained that he had asked the Treasurer/Collector if it would save any money to have quarterly tax billings instead of semi.

Ms. MacDonald had explained that this would not benefit Middleborough because there is a cash flow from the Gas & Electric Department, and therefore no need to borrow. She said if interest rates increased it might be worth it. She also noted the increase in workloads to do quarterly billing, as well as postage.

Selectman Rogers asked about direct deposit and bi-weekly pay. Ms. MacDonald said this bi-weekly would only save about $8000 in time and personnel. She noted that any changes would not be done "overnight". Deductions would have to be recalculated.

Discussion ensued on whether or not the Unions would have to be given notice. Ms. MacDonald felt this would be negotiable, as it would be a change in conditions.

Ms. MacDonald said that more than ½ of all employees have direct deposit.

Re-vote Approval of Debt Exclusion Election

The Board received a letter from the Town Clerk & Accountant regarding last week’s vote to hold a Special Election. She explained that the vote requires a two-thirds vote of the entire five member board. (Selectman Eayrs was not at last weeks meeting). It must also include the complete language of the questions as you wish them to appear on the ballot. It does not include an amount of money.

Discussion ensued on the issue of estimating Local Receipts for purposes of budget planning at the maximum amount received.

Selectwoman Brunelle said her intention was to increase Local Receipts and not utilize Free Cash next year to balance the budget. By doing this, the balance could be balanced in June, and a Fall Town Meeting would not be necessary.

Mr. Healey said increasing the estimate Local Receipts on the FY04 budget will impact FY05 Free Cash.

Mr. Healey noted the shortfall for the upcoming budget will be close to $2 million. Selectwoman Brunelle noted the Debt Exclusion would be for $1.8 million and the FinCom is working on reducing departmental budgets.

Mr. Healey said if you don’t achieve the estimated Local Receipts, you would have to make it up. He said you "can’t spend the same money twice".

Chairman Perkins said he was asking to spend it once – now. Mr. Healey said they could not because they don’t have it.

Ms. Bernier said the $2 million in Free Cash could be changed. If a Debt Exclusion for $1.8 million passes, the rest could be made up by departmental cuts. She asked what would happen if the Debt Exclusion failed.

Selectwoman Brunelle said they would have to use the money. If the Debt Exclusion passes, it would give some "breathing room", and more time to resolve the financial issues.

Ms. Bernier said she did not know what the FinCom was recommending for budgets. Selectwoman Brunelle asked what figure had been used. Ms. Bernier said it was reflective of the budgets as of the September Town Meeting when budgets were adjusted.

Mr. Healey warned that the Board was trying to deal with a structural deficit at the same time as the budget shortfall.

Selectman Eayrs said things needed to be put in place. If they were needed, they would be rescinded. He said the Board needs to "plan for the worst".

Selectman Wiksten agreed. He said everyone needs to understand that, if the Debt Exclusion does not pass, there will probably be fees imposed. He said that jobs are on the line, and he did not want "last minute notices". He said everything should be done to try to keep jobs.

Discussion ensued on holding onto Free Cash, as opposed to using it for this year. Chairman Perkins asked why the Board would ask to fund a Debt Exclusion while holding onto money.

Selectwoman Brunelle said the money would be put towards FY05. She said the money would not be "saved" but would balance the budget the way it should be balanced.

Mr. Healey said this should be done over a 3 – 5 year period.

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

VOTED: To hold a Special Election on June 21, 2003 to include the following three (3) ballot questions:

    1. Shall the Town of Middleborough be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the debt service of the following outstanding bonds issued for the following purposes: (a) Municipal Purpose Loan of 1991 Bonds dated January 15, 1991 issued for school, departmental equipment, landfill planning and library planning purposes; (b) Municipal Purpose Loan of 1992 Bonds dated January 15, 1992 issued for senior center, school, landfill planning, landfill closure, assessor’s tax map and library planning purposes; (c) Municipal Purpose Loan of 1994 Bonds dated April 15, 1994 issued for landfill, school, library, senior center, departmental equipment, assessor’s tax map and Town Hall and other building purposes; (d) Municipal Purpose Loan of 1999 Bonds dated December 15, 1999 issued for Town Hall and Financial Office Building, landfill closure, departmental equipment, land acquisition, pumper truck, and landfill planning purposes; and (e) Municipal Purpose Loan of 2001 Bonds dated September 15, 2001 issued for department equipment, landfill trash compactor, computer hardware, school planning, police cruiser, landfill truck scale and landfill closure purposes?
    2. Shall the Board of Selectmen allow hunting with bows and arrows at the Weston Memorial Forest?
    3. Yes No

    4. Shall the Board of Selectmen allow hunting with firearms at the Weston Memorial Forest?

Yes No

VOTE 4 – 1 (Chairman Perkins opposed)

Mr. Healey asked if the Board wishes to consider a debt exclusion question with regard to the Capital Planning Committee recommendations that are on the Annual Town Meeting Warrant. He explained that another Special Election would have to be held if the articles passed.

It was the consensus of the Board not to include these items on the Special Election Ballot, but to wait to see what is voted at Town Meeting.

Request to Award Bid for Rte. 28 Water Main

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

VOTED: To award the bid for the Route 28 Water Main Improvements to South Shore Utility Contractors for the amount of $605,420.70.

Unanimous Vote.

Review and Approve Earth Removal Application Package

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

VOTED: To adopt the Earth Removal Application Package as presented.

Unanimous Vote.

Copies will be given to GAF to review. Mr. Healey said he would try to find another engineer to also review it.

Review Requests for Crosswalks at 11 South Main Street & Station Street – Police Chief

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

VOTED: To approve the request made by the Police Chief to place sidewalks on South Main Street, crossing from the corner of the driveway of #11 South main Street to the new entrance of the Mayflower Bank, and on Station Street, crossing from the right field foul pole of the Little League field directly across to the direct M.B.T.A. parking lot.

Unanimous Vote.

Request to Increase Fee for Licensing Dogs – Town Clerk/Accountant & Dog Officer

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

VOTED: To increase the fees for licensing dogs as follows:

Spayed/neutered $10.00

Not spayed or neutered $15.00

Unanimous Vote.


Parking on Long Point Road

Chairman Perkins asked Mr. Healey to follow up on this.

Discuss Letter to D.E.P. – RE: Nemasket Street Interceptor Project

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

VOTED: To send the letter as amended by the Town Manager.

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 the bill submitted by Hathaway Publishing in the amount of $1,605.16.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Thevenin, O’Grady & Co., LLP in the amount of $1,600.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, PC in the amount of $1,800.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $8,097.57.

Unanimous Vote.



Request to Use Town Hall Front Lawn – MHS Junior Class

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

VOTED: To authorize the MHS Junior Class to use the Town Hall front lawn on Saturday, May 17th, for activities connected to their prom.

Unanimous Vote.

Request to Grant Washburn Mill Proposal

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

VOTED: To reaffirm the acceptance of the proposal for the Washburn Mill Property submitted by Costello Dismantling Co.

Unanimous Vote.


VOTED: To deny the request made by Steven P. Coughlin, Sr. to waive the requirement to be a Middleborough resident for Constable appointment.

Unanimous Vote.


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

VOTED: To enter into Executive Session at 10:35 PM, not to return to Open Session, for Negotiations.

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

VOTE 5 – 0



Diane Henault, Secretary