MAY 17, 2004



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


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





Selectman Bond amended the Minutes of May 10, 2004.


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

            VOTED:  To approve the Minutes of May 10, 2004 as amended.

            Unanimous Vote.




Meeting with New England Organics/Cranberry Ridge Compost Facility


Jay Kilbourn, Direct of Business Development, was present to represent New England Organics.  He also introduced Jamie Ecker, General Manager of NEO, and an operating partner, and Melissa Hampkins, an engineer and partner.


Mr. Kilbourn gave a presentation of the proposal.  The facility would be located on Rte. 28 in Middleborough on 81± acres with 15 acres dedicated to composting activities.  The site is set back about ¼ mile off of Rte. 28 along the Rochester Town line near SEMASS.


Mr. Kilbourn said the project will meet all requirements in regards to permitting for wetlands, roads, etc.


Mr. Kilbourn said the facility would provide 6 “high quality” jobs, to which qualified Middleboro residents would be given priority.


During the presentation, Mr. Kilbourn had noted that one (1) of the facilities that they run had been closed.  Selectwoman Brunelle asked why.


Mr. Kilbourn explained that the facility had been acquired by his company, and was not viable at the time.


Mr. Kilbourn has also noted at Casella Waste Systems is NEO’s parent company.  Selectwoman Brunelle asked if NEO is totally independent of Casella. 


Mr. Kilbourn said it is not.  He said the General Manager of NEO reports to Casella.  He said NEO is a separate division and has free reign to manage the business in a proper way.  He said Casella provides valuable help such as safety training.


Selectwoman Brunelle said she had concerns with Casella and what kind of involvement they would have with NEO’s management.


Mr. Kilbourn said he would be willing to address any specific concerns, and would bring a representative of Casella if the Board chose.


Selectwoman Brunelle asked about odor control.


Mr. Kilbourn said the building is enclosed with ‘odor misters’ inside.  He said once the compost is dumped inside, the door closes.  He said there is also an enclosed truck wash which is used before trucks leave the site.


Inside the building, there is negative pressure.  Nothing blows out. 


Selectwoman Brunelle asked about the noise level.


Mr. Kilbourn said the activity would be from trucks and front end loaders.  He said the fans, blowers and screening would not be a significant source of noise.


Selectwoman Brunelle asked about the residential properties.


Mr. Kilbourn said a cranberry bog is closest to the site.  He said the project would be buffered by woods.


Selectwoman Brunelle asked about the hours of operation.


Mr. Kilbourn said between 6AM and 4 PM.


Selectman Bond asked about the revenue for the Town.


Mr. Kilbourn said the Town would received $2.00/ton above the threshold amount.  This would be approximately 25,000 tons per year, amounting to $50,000.


Selectman Bond asked if there were any sanctions against the company in regards to environmental protection.


Mr. Kilbourn said 1 notice has been received since 1983.  This was for a minor technicality involving a scrubber.  Acid received for the scrubber was sold as a clean product.  This showed traces of mercury at a very low limit.


Selectman Bond asked about the amount of water that would be used.


Mr. Kilbourn said it is not a lot.  He said most of it is lost through biological activity.


Selectman Bond asked if a higher level of treatment is required as opposed to normal wastewater.


Mr. Kilbourn said it is not.


Selectman Bond asked if Casella was in control of the budget of NEO.


Mr. Kilbourn said they prepare their own, which is approved by Casella.


Selectman Andrews asked if supplementary heat would be required.


Mr. Kilbourn said this is not necessary.


Resident Bob Lessard said he had met with Mr. Kilbourn last week and was impressed.  He said his only concern is that Casella’s ownership.


Mr. Lessard went on to site incidents that had happened at sites in New Hampshire, Florida, and Springfield, MA.


Mr. Lessard also expressed concern with the removal of heavy metals from the sludge.


Mr. Kilbourn said heavy metals “don’t’ go away”, but they move around.  He provided a chart for the Board showing the level of metals in the compost.


John Letourneau , who abuts the project, said his biggest concern was spillage. 


Mr. Kilbourn said his objective is to meet with individuals to see what can be done regarding their concerns.


Neil Rosenthal offered his support for the project.  He noted that “spillage” would be waste, “not arsenic”.  He said this is currently taken to the Landfill with no problems. 


Meeting with Coast Guard Auxiliary Flotilla 65 – RE:  National Safe Boating Week


Chairman Perkins read and presented a proclamation to Joseph J. Medeiros, Flotilla Commander of New Bedford Flotilla 1N-65 for “National Safe Boating Week”.


Public Hearing – Discussion of Warrant Articles


The Board reviewed the ‘Draft’ Warrants for the June 7th Special and Annual Town Meetings.


Chairman Perkins read the following:  “A public hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, May 17, 2004 at 7:45 PM for the purpose of discussing the Warrant Articles for the Special and Annual Town Meetings which will be held on Monday, June 7, 2004. Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.


Special Town Meeting Warrant


Articles 1 and 2 are being prepared by the FinCom.


Article 3, to put money in the Stabilization Fund, appears on both the Special and Annual Warrants.


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

            VOTED:  To remove Article 3 from the Special Town Meeting Warrant.

            Unanimous Vote.


Discussion ensued on Article 4, which is an appropriation for Buy Back Sick Leave for the Health Department’s Nursing Assistant who retired.


Mr. Healey explained that past practice has been to budget within your budget if possible.  This retirement was not anticipated, and needs to be paid this fiscal year.


Mr. Healey said that the Treasurer/Collector has suggested, for budgetary reasons, that articles 4, 8, 9, and 11 be moved to the Annual Warrant.  These are five (5) money articles.


Selectwoman Brunelle said she didn’t know when it became the practice to budget Sick Leave Buyback.  She said she prefers to see them as separate articles.  If there are problems appropriating, they can be put in the Annual, of funded once Free Cash is certified in the Fall.  She said in no event would the money be paid more than 12 months beyond the retirement date.


Selectwoman Brunelle explained that Special Town Meeting Articles can be expended after a 10 day period.  Annual items cannot be expended until after July 1st.


Mr. Healey said Article 5, to pay medical bills for a Police Officer, is the most important bill to pay.  The Treasurer has identified four (4) sources, containing $230,000. that could be used for this.


Selectwoman Brunelle asked if there was the possibility of using the balance from unfilled position in the Police Department to pay this.


Mr. Healey said he had asked the Chief, and the remaining balance is committed.


Selectwoman Brunelle said she would like a more responsive answer as to where the funds are going.


Selectman Wiksten and Chairman Perkins noted that the Police Department’s budget had been underfunded by $200,000 to save positions last year.  This money was not put back into his budget.



Articles 6 and 7 are in regards to the Landfill.  Mr. Healey suggested both should be passed pending negotiations by WMAC.  If an agreement is negotiated and entered into, there will be no need to expend money that is authorized, and it could be rescinded at the Fall Town Meeting.


Article 8 is to clean up oil found in the ground at the DPW. 


Selectwoman Brunelle asked if this could be considered part of the water project.


Mr. Healey said no because it was not anticipated or budgeted.  This would not be an eligible cost for money from the Grant.


Selectman Wiksten suggested Mr. Healey check again to see if left over monies from the Grant could be used.


Selectwoman Brunelle suggested Mr. Healey provide something in writing.


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

            VOTED:  To delete the words “and/or taxation” from articles 8, 9, 11, 13, and 15.


Article 9 would fund survey expenses associated with the South Middleborough School.


Selectman Wiksten asked Mr. Healey to see if the South Middleborough Protective Association would be willing to fund the $5,200.


Article 10 would authorize the sale of additional parcels of land located on Rte. 28 across from Stop & Shop.  Engineering costs in the amount of $7500 can be covered under the Treasurer/Collector’s Foreclosure Account.


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

VOTED:  To remove Article16, a petitioned article, because of the lack of required signatures.

            Unanimous Vote.


Discussion ensued on Articles 13 and 15, which would provide monies for engineering services for preliminary plans for a Police Station and DPW. 


Selectwoman Brunelle suggested the money articles could wait until the Fall.


Articles 34 of the Annual Warrant will be moved to the Special.  This article is in regards to the reuse of the MJHS.


Mr. Healey explained that the Town needs to be positioned for legislative action to “get a jump on getting out to bid” instead of competing with a rush of projects that will occur when action is taken by the legislature.


Roger Brunelle explained that legislation that is being discussed would reimburse a temporary bond at the same percentage as the project.  Mr. Brunelle noted that the Committee still has $100,000 authorization to get final plans into find bid specs before the Fall Special Town Meeting.  This article would be protection should the amount exceed that.


Article 35 of the Annual Town Meeting Warrant will also be moved to the Special.  This is for equipment for the IT Department.


Mr. Brunelle explained that a 5 year plan had been submitted 3 years ago to replace equipment.  He said it was never acted upon because of the financial situation.  Now 51% of the equipment is 7 years old or more.  He said the failure rate is moving fast, losing hard drives, power supplies, CD rom drives and fans.  He said $85,000 won’t replace all of the equipment, but would do 73%.


Annual Town Meeting Warrant


Article 3 is a transfer from the income from the sales of gas and electricity for the purpose of fixing the tax rate.  Mr. Healey said this is about $350,000.  The G&E has also accepted the Indirect Cost Projects.


Selectwoman Brunelle informed the Board that she will provide information on the “revolving accounts”.  It is believed that, if nothing changes, one (1) article can list all accounts.


Selectwoman Brunelle asked what the requirements, under 53 E1/2 are for reporting income and disbursements.


Article 13 would allow the income to be used for repairs, improvements or other capital expenditures of equipment for the Town Hall and Financial Office Building.


Town Counsel has opined that the removing fund statute is not available for Article 13 because rental income from the Town Hall and Financial Office Building do not correspond to any program.


Mr. Healey will further check with Town Counsel.


Article 14 will allow money from withdrawal penalty taxes from Chapters 61, 61A, and 61B to be used to purchase land.


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

VOTED:  To move Article 17, to rescind previous authorization to make repairs at the Middleborough High School and Henry B. Burkland School, and place it before new articles for expenditures for the schools.

Unanimous Vote.


Dr. Robert Sullivan reviewed Articles 28 through 33 which are repairs for schools.


Selectwoman Brunelle asked that additional language be provided in the motions to make sure that expenditures would be reduced by any State and/or Federal Grants.


Selectman Wiksten said he would support these articles, noting it would cost more to wait and do it later.


Selectman Andrews and Chairman Perkins agreed.


Chief Silva spoke to the Board about articles 21 through 23, which includes purchasing equipment and adding firefighters.


Mr. Healey noted that the request to hire four (4) firefighters is also reflected in the Fire Department’s budget.  If this passes, Article 21 should be tabled.


Discussion ensued on level-funded budgets.  Selectman Wiksten said he didn’t know how anything else, but level-funded budgets, could be done.  This would reduce the Critical Needs budgets by $1.8 million.


Selectwoman Brunelle questioned what that would do to General Government budgets.


Jane Lopes explained that Article 37 changes the time frame on the demolition delay for historical buildings from 12 months to 18 months.


Hearing no further discussion, Chairman Perkins closed the hearing.


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

VOTED:  To enter into Executive Session, to return to Open Session, to discuss Litigation.

            A poll vote was taken.

Selectman Bond, Selectman Wiksten, Selectwoman Brunelle, Selectman Andrews, and Chairman Perkins approved.

            VOTE 5 – 0







Update on Budget – FY’05


Selectwoman Brunelle told the Board that, after last week’s discussion, she will go back to the Collaborative Leadership Group for additional alternative plans.


Selectwoman Brunelle also noted that, any discussion regarding the contracting for Sandra Bernier, was in question of her integrity or character.  She said there has never been anything to question.


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

            VOTED:  To send a letter to Sandra Bernier.

            Unanimous Vote.


Selectwoman Brunelle noted a recent newspaper article quoting the Town Accountant. 


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

            VOTED:  To invite Lisa Higgins to meet with the Board on Monday, May 24th.

            Unanimous Vote.


Mr. Healey was instructed to contact Ms. Higgins.


Request to Certify Roads as “Maintained & Used as Public Ways” – Town Clerk


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

VOTED:  to approve the following list of streets, with layout plans or partial layout plans, as maintained and used as public ways:


Beach Street Ex.                               Perry Street

Benson Street                                       Pine Street

Bridge Street                                       Plain Street

Center Street                                                Sharon Road

Claire Terrace                                                Stone Street

Coombs Street                                                Susan Lane

Holly Tree Lane                                    Thompson Street

Jackson Street                                                Valley Road

Lincoln Street                                                Water Street

East Main Street                                    Harding Street (State Layout)

Margaret Road                                    West Grove Street (State Layout)

Marion Road                                                Bedford Street (State Layout)

Miller Street                                                Wareham Street (State Layout)

Mitchell Street                                                East Grove Street (State Layout)

Old Vaughan Street

            Unanimous Vote.


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


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

VOTED:  To approve the request of the Crusaders of Middleboro to use the Town Hall front lawn on July 17th from 9AM to 3PM for a yard sale, with a rain date of July 31st.

            Unanimous Vote.


Request to Grant Permission for Bike Tour – National Multiple Sclerosis Society


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

VOTED:  To approve the request of the National Multiple Sclerosis Society to pass through Middleborough on Saturday, June 26, 2004 as part of a two-day bike tour on June 26 – 27, 2004, subject to notification of the Police and Fire Chiefs.

            Unanimous Vote.


Request for Common Victualer’s License – 134 North Main Street


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

VOTED:  To approve a Common Victualer Licenses for George D. Glidden for Glidden Kitchen dba Nathan Place for property located at 134 North Main Street for 6Am to 2PM Monday – Sunday, and 6AM to 8PM on Thursday, Friday, and Saturday, subject to a final inspection approval by the Health Officer.

            VOTE 4 – 0 – 1 (Selectman Bond abstained)


Request for One Day Liquor Licenses – A+ Bartending Services LLC


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

VOTED:  To approve One Day Liquor Licenses for A+ Bartending Services LLC for May 23, 2004 from 1PM to 5PM at 200 Oak Point Drive, and June 5, 2004 from 11AM to 7PM at 43 Fuller Street, subject to no outstanding municipal liens or charges associated with the property addresses.

            Unanimous Vote.




Update on Eagles Club


Mr. Healey informed the Board that Mr. Medeiros was getting a Demolition Permit this week.  He had been contacted by Bob Whalen to inform him that he will also need to fill out and submit a DEP permit.


Selectman Bond asked what the status of the P&S was.


Mr. Healey said it is closed to being signed.  He said he will check tomorrow.




ü      Mr. Healey informed the Board that Joseph O’Brien of the May Institute, who had met with the Board on December 8, 2003, has notified him that he will not be able to go forward with the project involving the Morgan Property trailer.


Mr. Healey said he will talk to Rose Correia about ‘Crossroads’ giving a value on the trailer.


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


VOTED:  To grant permission to the Building Commissioner to initiate the fee of $100 for a Foundation Permit.

            Unanimous Vote.


ü      Mr. Healey provided information to the Board in regards to using Chapter 44 Section 53A to secure donations from developers in Lakeville.  He gave a copy of a page from the Lakeville ZBA decision on the Bridge Street 40B referencing 53A.


Selectman Wiksten asked if Town Counsel has provided answers to the concerns the Board had regarding this.  Mr. Healey said he would follow up tomorrow.


Chairman Perkins said he would be willing to walk away from an IMA if 53A is not allowed.


Selectman Wiksten and Chairman Perkins will plan to meet with Lakeville.  Chairman Perkins noted the outstanding issues are billing, and 53A.


Selectwoman Brunelle said the Town could send the bills directly to customers.


Selectman Bond said the issue of liening property could be resolved with a 3rd party guarantor.


Chairman Perkins also noted Lakeville wants a gallonage limit.


Selectman Bond asked why we would care about this.


Selectwoman Brunelle explained that any 40B projects denied in Lakeville because of no water would end up in Middleboro.




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

VOTED:  To pay the water bill submitted by the Town of Middleborough for 63 Miller Street in the amount of $18.03.

Unanimous Vote.


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

VOTED:  To pay the bill submitted by Commonwealth Printing, Inc. for the Town Reports in the amount of $5,568.60.

            Unanimous Vote.


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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $11,483.53.

            Unanimous Vote.




Discussion of Inter-Municipal Water Agreement with Lakeville


See discussion under ‘Town Manager’s Report”.




v     It was the consensus of the Board that information sent in regards to Polling Places Accessibility Concerns, were not a violation at this time.


v     Correspondence from the Planning Board in regards to the Lakeville State Hospital redevelopment shows the impact that the project will have in Middleborough.


v     It was the consensus of the Board to invite Wayne Williams, Edgeway Estates, in to meet.  Correspondence from the Planning Board shows that an Engineering Report has indicated the proposed solution to the problems at the park will not work.




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

            VOTED:  To adjourn at 12:17 AM.

            Unanimous Vote.



Diane Henault, Secretary