MAY 10, 2004



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


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



Selectman Bond announced that sound amplifiers are available for anyone with a hearing impairment. 





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

            VOTED:  To approve the Minutes of May 3, 2004.

            VOTE 4 – 0 – 1 (Chairman Perkins abstained)




Meeting with Animal Control Officer


Bill Wyatt was present.


Mr. Wyatt told the Board that he had picked up two (2) dogs that are neither licensed and/or have rabies shots.  Information has been requested from the owner to produce evidence of either.


The quarantine period will expire this Saturday, and Mr. Wyatt asked for permission to confine the dogs until a hearing can be held to decide what should be done with the dogs.


Mr. Wyatt explained that he had responded to a complaint at 562 Wareham Street, and was bitten by a dog which was completely unprovoked.


Mr. Wyatt informed the Board that he had had a conference with the Sandwich Animal Control Officer who informed him of a past history with the dog, which included two (2) prior bites in another Town.


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

VOTED:  To authorize the Animal Control Office to confine two (2) dogs until such time a public hearing is held.

            Unanimous Vote.


At this time, Selectman Andrews publicly apologized to the Animal Control Officer and the Health Officer in regards to an incident involving reptiles on South Main Street.  He said his comments were not meant to impugn the integrity of either.


Hearing – Request for WRPD Special Permit – Delta Realty LLC – Wareham Street


At the request of Attorney Robert Mather, this hearing was continued to May 24th at 9:15 PM.


Hearing – Request for Title V Variance – 225 Tispaquin Street


Jeanne Spalding was present. 


Chairman Perkins read a letter from GAF Engineering requesting a sieve analysis in place of a perc test.


Ms. Spalding explained that this is a standard request when the water table is high.  She said it is a badly failed system, and will go forward under emergency repair status.


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

VOTED:  To allow a variance from 310 CMR 15.104 allowing a sieve analysis in accordance with D.E.P. Policy entitled “Title V Alternative to Percolation Testing Policy for System Upgrades”, for property located at 225 Tispaquin Street.

            Unanimous Vote.


Meeting with Personnel Board & Non-Union Bargaining Committee – RE:  Performance Appraisal Plan


Selectwoman Brunelle and Selectman Wiksten left the meeting for this discussion.


Steve Callahan, and members of the Personnel Board were present.  He explained that more than a year ago they had prepared an evaluation plan, and had been directed to get input from the Non-Union group.  He said this was done, and the process has stopped.  He is asking for the Selectmen to approve and initiate the Plan as presented in April of 2003.


Ted Lang and Fran Cass were present from the Non-Union Bargaining Committee.


Mr. Lang said the first discussion of an evaluation plan was done about 18 months ago in the context of final negotiations between the Board and the Non-Union.  He said the consensus was that the Plan would be beneficial, and would be implemented town-wide.


Mr. Lang said some meetings have been scheduled and cancelled for legitimate reasons.  He noted that last week’s meeting was cancelled by the Personnel Board.


Mr. Lang said the issue is that the Non-Union doesn’t know if its suggestions have been adopted.  No final plans have been shared.  He also said that the Non-Union understood that this would be a town-wide plan.


Chairman Perkins said the evaluation plans would have to be negotiated in other contracts.  He said the Non-Union represented leadership, as it is mostly department heads.  In turn, the department heads should evaluate those people in their command.


Mr. Cass said the Non-Union had been waiting for confirmation from the Selectmen to coordinate a meeting with the Non-Union, Personnel Board, and the Selectmen.  He said the evaluations are not consistent with other employees.


Chairman Perkins said the process has to “start somewhere”.


Selectman Bond asked Mr. Cass if the structure of the plan made sense, and what the major issues were.


Mr. Cass said there are “road blocks, but they can be worked out”.


Selectman Bond asked if this had been communicated to the Personnel Board.


Mr. Cass said he had not, noting that the Board of Selectmen needs to speak to coordinate this.


Selectman Andrews said he has been watching this process from a long time, and said everyone has had plenty of time to input recommendations.  He said the document will never be perfect, but it was time for the Board to go ahead and act.  He said the plan could be looked at through the evaluation process, “flushing out problems that become evident”.


Chairman Perkins suggested one more meeting between the Non-Union and the Personnel Board.


Ms. Spalding noted that the Non-Union had believed there would be a member of the Board of Selectmen involved.


Chairman Perkins said this was never indicated.


Mr. Lang said that former Selectman Eayrs had agreed to meet with them.


Selectman Bond said he would be willing to sit in at the meeting as long as the problems were put in writing and written responses were received by June 7th.


Selectman Andrews suggested a final date to execute the plan by June 7th.


Mr. Callahan noted that the Personnel Board would meet next week, and welcomed the Non-Union Bargaining Committee.


Public Hearing – Request for Family Type Campground Permit – 68 Purchase Street


Chairman Perkins read the following:  “A public hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, May 10, 2004 at 8:15 PM, for the purpose of discussing the request made by Ralph & Barbara Holton d/b/a Tispaquin Family Campground for a Family Type Campground Permit for property located at 68 Purchase Street, Middleboro, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.


Barbara and Ralph Horton were present.


Ms. Holton told the Board that she had filled out an application for a campground license on March 23rd, and heard no response until April 25th.  She said she has received no correspondence from the Board saying what needs to be done to correct the situation.


Ms. Spalding noted that Mr. Holton had requested the permit on March 23rd, and she had forwarded it to the Board, and the Town’s Attorney on March 24th requesting advise.  She said the outstanding issue remains operating without permits.  The septic system can not accommodate the number of camper units. 


Ms. Spalding said the property can be licensed for 57 units.  She asked Ms. Holton if her intention was to exceed the allowed number of units again.


Ms. Holton said the application used to refer to 57 “sites”.  It now says “units”.  She said there is nothing in writing to show that a site can only hold one (1) unit.


Ms. Holton noted that the Town had filed for a preliminary injunction last year to close the campground, and was denied.


Ms. Holton said allowing one (1) camper per site would not include a “safari site” which can accommodate 25 units.  She said she has had the septic system looked at, and has Title V certificates for all.


Ms. Holton said Ms. Spalding’s calculations are based on today’s code.  She said she is “grandfathered” as long as the system does not fail.  She said there has never been evidence of unsanitary conditions, no spillage or overage.  She also noted that she does the required bean testing every week.


Ms. Holton said the Health Inspector is welcome to call and come to her property to inspect it.


Chairman Perkins noted that, as the Health Inspector, she doesn’t have to call in advance.


Chairman Perkins asked, if the Board approved a license for 57 sites, would Ms. Holton restrict to 57 units.


Ms. Holton said no.


Selectman Bond asked Ms. Spalding if there were any unsanitary conditions reported.


Ms. Spalding said everyone’s gray water systems had been dug directly into the ground, and not discharged properly.  She said when she first inspected this, she assumed it was draining into an appropriate drainage system.  When she went back to point this out, she had called in advance.  Ms. Holton had told all residents not to tie into the ground.


Selectman Bond asked if this problem is not alleviated.


Ms. Spalding said she wasn’t sure because it was a pre arranged inspection.  She also noted there had been water running across a bathroom floor that was locked and inaccessible by campers.


Selectman Bond asked if there were other sites in Middleboro that allowed only 1 unit per site.


Ms. Spalding said the KOA.


Ms. Holton said the KOA is not restricted to this, but chooses to have 1 unit per site.  She said the KOA is “different”.


Ms. Spalding said Ms. Holton’s property can accommodate more units she goes through the proper zoning.


Ms. Holton said she has spoken with many campgrounds, and said there is no law that says you can’t have more than 1 unit on a site.


Selectman Wiksten disagreed, noting that’s why “we’re in court”.  He said 57 sites constitutes 57 units.


Jane Lopes noted there were three (3) pending lawsuits last year.  She asked if any have been resolved.


Chairman Perkins said they are still open, being run in conjunction at this time.


Ms. Lopes asked if Ms. Holton was continue to run the campground without a permit.


Chairman Perkins said she was.


Selectwoman Brunelle asked about other issues that were discussed last year.


Ms. Spalding said they were building and zoning issues.  She wasn’t sure if they were still outstanding.


Hearing no further comments, Chairman Perkins closed the hearing.


Motion was made by Selectwoman Brunelle and seconded by Selectman Wiksten, to issue a permit restricted to 57 campers until the court cases are resolved.


Selectman Andrews and Chairman Perkins opposed.  Selectman Bond abstained.


The motion did not carry.


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

VOTED:  To deny the request made by Ralph & Barbara Holton d/b/a Tispaquin Family Campground for a Family Type Campground Permit for property located at 68 Purchase Street, until the case is heard and resolved.

VOTE 4 – 1 (Selectman Andrews opposed)




Update on Budget FY’05


Mr. Healey provided an updated Budget and Revenue and Expenditure Analysis.  He told the Board that the Town Accountant had revised her critical needs budget to add $9,180, to total $103,000.  Her budget remains $16,859 short.


Mr. Healey explained that the School Department Budget cannot be level funded because the Town is obligated by the State to increase its local contribution to $976,216.  In addition, the School Department is requesting an additional $1,254,490, for a total increase of $2,230,706.


All other Departments’ critical needs budgets total $705,930 over level funded.


Mr. Healey said the Local Receipts numbers are still being worked.  He said he should soon have the actual numbers for 10 months of receipts.


Selectwoman Brunelle presented miscellaneous information regarding the General Government’s operating budget, and fringe benefits, broken down by Department.


She noted that $14.6 million of the School Department’s operating budget is funded by the Town through Fringe Benefits, Chapter 70, Cherry Sheet Reimbursement and transportation.


Selectwoman Brunelle explained that most of the cash from Local Receipts is brought in by the General Government.


Selectwoman Brunelle said it is critical to look at what our options are for funding this year’s budget.  She noted that the privatization of the management of the Landfill would free up $1.8 million.  Otherwise, $3.1 million is out of balance, not using Free Cash, if we go with the critical needs budget. 


Selectwoman Brunelle noted the School Department has setting their contract.  In addition to contractual obligations, money is also needed for two (2) additional elementary positions to maintain class size, three (3) positions for Special Education, funding for the Middle School Alternative Program Staff, and money for special tuition.  $200,000 is also being requested for maintenance.


Selectwoman Brunelle said she anticipated the Collaborative Leadership Group would submit a final report for May 24th.  She said the FinCom had been asked whether or not they would support the critical needs budgets.  They chose not to vote at that time.


Mr. Healey emphasized the importance of the Collaborative meeting on May 19th.  He urged all members of the Board, and FinCom to be at that meeting to go over the final numbers and build a consensus.


Mr. Healey said he and Judy MacDonald are reviewing the articles, and trying to put all of the money articles in the Special Town Meeting Warrant.  He said most of the bond articles will be in the Annual. 


Mr. Healey said the MJHS project needs to be discussed between boards to reach a consensus.


Selectman Wiksten asked what other alternatives there are to funding the critical needs budgets other than the landfill.


Mr. Healey presented three (3) options:


A         Level Fund – layoffs and services cut for schools, too – use Free Cash in the Fall

B          Critical Needs Budgets – balance with the Landfill Contract – cash balance to the Stabilization Fund

C         Critical Needs Budgets through an override


Selectwoman Brunelle noted that, if you cut departments, you will cut income.


Selectman Wiksten asked what would happen next year if Option B was chosen.  He noted that $1.8 million is a one time source.  He said no one is debating that critical needs, but he said “hanging our hat on the landfill deal is premature”.  He said the Board needs to be prepared should Town Meeting not vote to approve it.


Selectman Bond asked what would happen if Town Meeting approved the privatization of managing the landfill, and then there was difficulty in negotiations.  He asked what the contingency plan would be.


Selectwoman Brunelle said part of the shortage the following year would be offset by money saved by the landfill operation, and royalties from the company which would become additional Local Receipts.


Chairman Perkins asked that the Collaborative Leadership Group look at this on May 19th.


Mr. Healey said that a “contingency plan” has been put in place, noting an article right after the landfill article to appropriate an additional $1,023,000 for a new cell. 


Selectwoman Brunelle noted that the School Department has to issue notices of layoffs by June 14th. 


Selectwoman Brunelle also noted that staffing of the fire stations can directly impact the rates and premiums on insurance of houses.


Mr. Healey said, if the School Committee approves the critical needs budget, that’s what they’ll bring to the Town Meeting.  If they have the vote, the additional money will have to come from the General Government budget.


Selectman Wiksten said it is irresponsible for the School Committee to think that their budget is more important than any other.


Selectwoman Brunelle noted that they cannot level fund, as the Town is required to increase by $976,216.


Selectman Wiksten noted that they will asked for an addition $1.2 million above that.


Mr. Healey said, in defense of the School Department, that they are looking at the School Department’s needs.  Without the additional $1.2 million, 30 staff people will be gone, and programs and services won’t be provided.


Selectman Andrews said he had “canvassed” eight (8) people on the Landfill Committee.  He said there are two (2) issues.  Everyone is in agreement, but the tools need to be in place to start the process of getting into a legal contract with Waste Management.  He also noted that it is common for Towns to get reimbursed for legal fees.


Selectman Wiksten said he had no problem if the money is there.  But, he said the decision needs to be made for what is best for the Town, not for the money.  He said he could not possibly see how this could happen by June 7th.  He said he did not want to ask for permission and already have an agreement.  He said the money could be used to balance the budget in September.


Mr. Healey noted that the School Department would have to provide notices by June 14th.  He said the jobs won’t be there in September.


Chairman Perkins said the $1.2 million that the School Department is contemplating would “decimate” the Town if General Government had to provide the funding.


Selectman Andrews asked Chairman Perkins to give a synopsis of his feeling as to which direction to head into.


Chairman Perkins said he had not made up his mind.  He did agree that he would not sign onto anything just to fund the budget.


Mr. Healey noted that the Waste Management Advisory Committee had come to a consensus without considering the Town’s budget.


Chairman Perkins said an override is not an option, noting that it would never happen.


Request for use of Town Hall Front Lawn – The Crusaders of Middleboro


The Board received a request from the ‘Crusaders of Middleboro, Inc.’ to use the Town Hall front law for a yard sale on Saturday, July 17th with a rain date of July 25th.


Selectwoman Brunelle asked that this item be held to verify the date that the Rotary Club has already asked to use the Town Hall front lawn.


Request to hold Road Race & Triathlon – Old Colony YMCA


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

VOTED:  To approve the request of the Old Colony YMCA to hold a road race on June 5, 2004 and a triathlon on July 18, 2004, subject to notification of the Police and Fire Chiefs.

            Unanimous Vote.


Request to Approve & Sign Notes – Treasurer/Collector


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

VOTED:  To award a bid for note renewal borrowing in the amount of $437,000. to Uni Bank at an interest rate of 1.48%.

            VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)


Request to Hire Assistance for Town Accountant – Town Manager


Mr. Healey provided information regarding the hiring of Sandra Bernier to assist Lisa Higgins, Town Accountant.


Ms. Bernier has no preference as to whether she’s paid as a Town Employee or a Consultant.  There are funds in the Personnel Services line, not the Contracted Services line, of the Budget.  A fee of $43/hour is suggested.


Selectwoman Brunelle thought that fee was high.  She said her regular pay had included numerous duties and responsibilities.  She said she envisioned Ms. Bernier’s assistance to be limited to a certain area.  If the fee has already been negotiated, then a limit should be set.


Chairman Perkins said he had concerns with additional liabilities having her as an employee.


Selectman Andrews said the liability would remain either way.


Selectman Wiksten said this is an important year, and said things need to be done in a timely fashion.  He said he did not believe Ms. Bernier would spend any more time than she has to.


Motion was made by Selectman Wiksten, and seconded by Selectman Bond, to approve the hiring of Sandra Bernier as an employee paid at $43/hour, and to ask that the time be used wisely.


Motion was amended by Selectwoman Brunelle and seconded by Selectman Bond, to set a limit not to exceed $2,000.


Both motions passed unanimously.


Request to Accept Indirect Cost Report


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

            VOTED:  To accept the Indirect Cost Report for FY 05.

            Unanimous Vote.




There was no ‘Old Business’ discussed tonight.




Mr. Healey informed the Board that the “Eagles” is being sold to Jericho Christian Fellowship.  An outreach program will be built on the site.  The legal paperwork is now being processed.  He said he had spoken to Mr. Medeiros about putting plywood over the break in the rood.  Mr. Medeiros indicated he would be immediately applying for a demolition permit which would begin 1 week from today.




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

VOTED:  To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amount of $76.71, $267.67 and $101.45, totaling $445.80.

            Unanimous Vote.


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

VOTED:  To request a Reserve Fund Transfer to pay the bill submitted by Collins, Loughran & Peloquin, P.C. for April, in the amount of $1,666.25.

            Unanimous Vote.


Mr. Healey suggested a supplemental article be submitted for May and June’s invoices.


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

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $64.50.

            Unanimous Vote.




Review Town Manager’s Evaluation


Selectwoman Brunelle said she had given Mr. Healey an acceptable review in all categories, noting “Meets Most Expectations”.  She said she gave a higher score in the area of “Fiscal Responsibility”.  She said he has done an exceptional job this year in understanding the process, and has made an extra effort to coordinate everything required so everyone has the appropriate figures.


Selectwoman Brunelle said she would like to see a little more “objectivity” in his recommendations to the Board, giving the Board more options for direction.


Chairman Perkins said he also rated Mr. Healey high on Fiscal Responsibility.  He also gave high scores in Decision Making, Job Knowledge, Productivity, Dependability and Initiative.


Chairman Perkins said he has spoken to Mr. Healey about some of the areas he lacks, such as motivating Town Department Heads, and communication skills.  He said he is overall score was in the middle.  He said Mr. Healey does his job well as Town Manager.


Selectman Wiksten agreed with Chairman Perkins and Selectwoman Brunelle.  He agreed that Department Heads could be more motivated.  He said his communication skills could also be improved, noting that sometimes outsiders know more than the Board. 


The Board’s evaluation gave a 3% merit increase to Mr. Healey in addition to the 3% COLA.


Selectman Wiksten said he was “having a hard time” giving an additional 3% to the 3% COLA as this is a difficult time.  He suggested possibly deferring.


Mr. Healey thanked the Board for their comments.  He reminded them that they had entered into this Contract three (3) years ago when he became aware of how much his peers were being paid.  He said the agreement was negotiated, which would allow him a 0 – 5% merit increase based on his job performance.  He noted that the previous instrument that was used was amended.


Mr. Healey said deferring would not help in negotiations, since “people will know tomorrow that the merit increase was 3% on top of the 3% COLA.”


Update on Lakeville IMA


Chairman Perkins provided an update to the Board.  He said he and Selectman Wiksten had met with the Lakeville Board of Selectmen to discuss the IMA.


Selectman Wiksten suggested a brief overview be given, and the item be placed on next week’s agenda for further discussion.  After that, a meeting can be scheduled for both Boards to meet.


Chairman Perkins noted some misunderstandings that were discussed, regarding the rating and the 20% surcharge.  This is for new customers, not existing customers.


Both Towns are in agreement that betterment fees should be borne by the developer.


Chairman Perkins said there was lots of discussion regarding billing.  He said Lakeville feels quite strongly that Middleboro should bill the customers.  They said their situation is different than Carver’s because all of their residents are also G&E customers.  He said they do not want to start a revolving fund.  They provided documentation that, when a light bill is not paid, a municipal lien is created.  When the property passes, the bill has to be satisfied.


Mr. Healey noted that is a Municipal Lien, not a lien on the property.  He said they could go years without paying for water and/or sewer.


Chairman Perkins said he was under the impression that a compromise could be reached.


Selectwoman Brunelle suggested contacting Town Counsel to see how this could be accomplished.


Discussion ensued on an Article to give the Board authorization to enter into an IMA.  Previous articles had given authorization to negotiate.


Selectwoman Brunelle said she thought Town Meeting approval would be needed for billing purposes.


Chairman Perkins said Lakeville felt the IMA should be in place before they negotiate.


Chairman Perkins said Lakeville has suggested imposing a 120,000 gallon limit.  They would use this as a tool to control some growth.  If the Lakeville Hospital and Canpro projects were approved, they would use 117,700 gallons.  All other customers currently use the balance.


Chairman Perkins said Lakeville asked why we would want them to pay fire service fees if we’re not supplying it.


Selectwoman Brunelle said the hydrants are there.


Mr. Healey said we currently don’t charge because they asked the Board not to.  He said the charge is built into the rate. 


Selectman Wiksten said it would be an “open market” with a private developer.


Chairman Perkins asked if a Certificate of Acceptance was ever completed and filed for the 1988 Grant.


Mr. Healey said this would’ve been submitted to us by them because they were the project administrators.


Chairman Perkins said Lakeville is in 100% agreement that Middleboro owns the lines.


Chairman Perkins said a major issue in that one (1) member of the Lakeville Board is opposed to Middleboro being able to negotiate any 53A gifts.  They other two (2) members didn’t go into detail.


Selectman Bond suggested asking Town Counsel to review case law to see if it would be a violation of public policy to give up this right under MGL Section 53A.  He said we may not be allowed to give it up.


Selectwoman Brunelle said the development in Lakeville would impact Middleboro, and there needs to be an enticement to mitigate the impact.


Chairman Perkins said their response was that Ocean Spray impacts them.


Selectman Wiksten suggested this be further discussed next week.


Close Special Town Meeting Warrant


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

VOTED:  To place an Article on the Special Town Meeting Warrant to allow the Board to enter into an IMA with Lakeville.

            Unanimous Vote.


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

            VOTED:  To close the Warrant for the Special Town Meeting.

            Unanimous Vote.


National Nurses Week


Chairman Perkins announced that May 6th through May 12th is National Nurses Week.




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

VOTED:  To approve the application for a $12,820 Homeland Security Grant.

Unanimous Vote.


ü      Middleborough Services to the Elderly gave a donation of $1,218 to the COA to purchase the necessary wood and hardware for the attic.


ü      Selectman Bond read a letter from Chief Silva regarding a voluntary Citizen Emergency Response Team.


It was suggested that Town Counsel be asked if there are any liability issues.




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

            VOTED:  To adjourn at 10:20 PM.

            Unanimous Vote.




Diane Henault, Secretary