MAY 3, 2004



Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.


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


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





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

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

            Unanimous Vote.


Upon motion by Selectwoman Brunelle and Selectman Andrews, the Board

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

            Unanimous Vote.




Public Hearing – Landfill Recommendations


Chairman Wiksten read the following:  “A hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, May 3, 2004, at 7:05 PM, to discuss the recommendations of the Waste Management Advisory Committee in regards to the Town’s Waste Management System.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.


Pat Rogers, Chairman of the Waste Management Advisory Committee (WMAC), told the Board that the Committee had met over the past 9 ½ months to evaluate the Town’s waste management system.  He introduced members of the Committee.


Mr. Rogers said the Committee has proposed that the current system remain the same for residents:  trash would be picked up weekly, recyclables every other week, and the Landfill will be open to residents with a proper permit.


WMAC unanimously voted to recommend that the Board of Selectmen enter into contract negotiations with a private contractor for annual operational management of the landfill for a term of up to twenty (20) years.


Jim Nocella, Public Sector Services Manager for New England Waste Management, was present.  He told the Board he has 24 years of industry experiences, 21 with Waste Management.  He introduced other representatives:


Paul Pengertoth – Market Area General Manager S.E. MA & RI – 17 years industry experience all with Waste Management; and

Peter Richer – Environmental Engineering Manager for EN – 25 years industry experience, 17 with Waste Management.


Mr. Nocella presented the following:


Overview in regards to Waste Management:



Landfill Operation Overview



Economic Benefits for Town



Selectman Bond asked for WMMA’s regulatory/environmental history.


Mr. Nocella said the record is on file with the State.  He explained that each landfill has its own set of criteria for managing.


Selectman Bond asked about insurance.


Mr. Nocella said there is environmental and liability, a portion of which is self-funded.


Selectman Bond asked about any major environmental issues with the Taunton Landfill.


Mr. Nocella said, since taking over the Landfill in November of 1999, there have been no violations from the City or DEP.


Selectman Bond asked if there were any outstanding litigations.


Mr. Nocella said there was not.


Selectman Bond asked if there was any consideration of going beyond 109 TPD.


Mr. Nocella said they do not contemplate expanding, and said the Committee was very clear on this.


Selectman Bond noted that the Town is increasing in population, and asked how the amount would be adjusted in the Agreement.


Mr. Nocella said curb-side handles the bulk, and how to manage it if it increases significantly will be determined in the negotiations.


Selectman Bond asked what time the collection vehicles would run.


Mr. Nocella said they usually operated 7:00 or 7:30 AM to Noon.  He said a time can be directed that makes the most sense.  He estimated 10 – 20 collection vehicles.


Don Boucher told the Board that there are currently 8 – 10.


Selectwoman Brunelle asked how the FAM would be secured.


Mr. Nocella said Waste Management will secure a Bond to provide to the State for assurance they will close the Landfill.


Selectwoman Brunelle asked if the scale house would be part of the equipment purchased.


Steve Morris said this will be part of the negotiations.


Selectwoman Brunelle asked who residents would contact with issues regarding the Landfill.


Mr. Nocella said the Town would contact Waste Management, who would respond quickly, depending on the nature of the complaint.  He said the Town would have immediate contact to convey the issues, and actions would be quickly put in place.  Town officials would be given emergency numbers of off hour complaints.


Selectwoman Brunelle asked about the gas collection system. 


Mr. Healey noted that DEP has instructed the Town to install five (5) gas collection wells with flares burning.  This matter has been addressed.  Further expansion will require additional gas collection system components.


Selectwoman Brunelle asked who would appraise the equipment.


Mr. Nocella said Waste Management and the Town would use their own appraiser.


Selectman Andrews asked if the 109 TPD is an average, or a single daily cap.


Mr. Nocella said it is a daily maximum.


Selectman Andrews asked Mr. Boucher what the current hours are for the Landfill.


Mr. Boucher said it operates 8:30 AM to 4:30 PM Tuesday through Saturday.


Mr. Nocella said Waste Management would operate on a shorter period of time, trying to get the vehicles close to each other, put materials in place, cover and shut the machines down.  He also said they would prefer a 6 day operation.


Selectman Andrews asked who would pay for ongoing maintenance on town-owned equipment, such as the scales.


Mr. Nocella said Waste Management typically pays this.


Chairman Wiksten noted that cover materials also have to be trucked in, and asked if this would ‘stockpiled’ or brought in daily.


Mr. Richer said this would be stockpiled for 10 days of operation.  He said not much coverage is needed for 109 TPD.


Chairman Wiksten asked if outside vehicles would be accepted, or just Waste Management.


Mr. Nocella said it is possible outside vehicles will be accepted, but he contemplated that the majority would be their own so that they would have more control.


Selectman Bond asked Mr. Boucher about the effect the additional trucks may have on the roadway.


Mr. Boucher said there should not be any effect.


Neil Rosenthal reminded the Board that WMAC’s recommendation was to increase to 109 TPD, whether or not an outside company runs it or the town.


Selectman Andrews asked Mike Scippione to explain how the additional tonnage would not deplete the source.


Mr. Scippione explained that when operated with low tonnage, it still needs to be covered every day.  The coverage is about 50% of the waste, as opposed to 15 – 20% when operated more efficiently.


Bob Lessard, 844 Plymouth Street, commended the Committee on their report.  He asked Mr. Nocella about recent problems at the Taunton Landfill with odor problems and garbage bags being blown all over.  He also mentioned problems in Florida that included a worker being killed by piping methane, and mixing waste oil with trash.


Mr. Nocera explained that this is a large company, and it was the employees who decided that mixing waste oil was a more efficient way of handling the waste.  He said it was not condoned by management.  He explained that there has to be a mechanism to train and control employees, noting that WMMA operates 250 landfills.  He also mentioned that the company had won a national municipal award for the best run landfill in the country.  He said there are many more examples of proper management.  He also mentioned that WMMA inherited problems with the Taunton site that have been resolved.


Mr. Lessard asked if there were any plans to establish a regional dump by connection to Carver or Plympton.


Mr. Nocera said this has not been explored.


Mr. Rogers noted that the ownership is maintained by the Town.  WMMA will contract to manage and operate it.  He said there is no consideration to expand, but will keep the landfill in the present footprint.


Chairman Wiksten agreed, noting that professional attorneys would see to it that this never happens.


Mr. Morris said this has been discussed on a Committee level.  He said they would go to Town Meeting for money to get an appropriate attorney.

Selectman Bond noted newspaper articles showing that WMMA had addressed the odor problem in Taunton within 3 days.  He also noted that the incident in Florida was a “freak accident”.


Mr. Healey noted that the response time for WMMA to address problems would be much faster than the Town’s, because money and appropriation are not considerations.


Mr. Lessard also asked who would be the Town’s monitor.


Selectwoman Brunelle said the qualifications would be up to the Board. 


Mr. Healey said the employee would be trained regularly and have all necessary skills.


Chairman Wiksten opened the discussion to the public.


Resident George Mosley said he was not in favor of negotiating with a private contractor.  He said the Landfill should remain with the Town, and be operated with the Town. 


Sandra Derbin, 113 Prospect Road in Plympton, asked why abutters were not notified of tonight’s hearing.


Chairman Wiksten said no one was officially notified, but it was an advertised, published meeting.


Ms. Derbin expressed concerns with the incidents that occurred in Florida.


Selectman Andrews said it is unrealistic to think that an $11 billion/year company would have “zero” complaints. 


Selectman Bond asked Mr. Nocera what measures have been put in place to prevent an incident from occurring again.


Mr. Nocera said the employees involved were terminated immediately.  He said continuous trainings are done, and supervisors observe work crews.


Robert Derbin, 113 Prospect Road, asked if any natural buffers would be removed.


Mr. Healey explained that the Town owns the abutting property in Plympton and Carver, and will not work those areas.  Only the current area will remain open.  He said some trees in the front might be taken down to provide a new approach to the Landfill.


Mr. Derbin asked what the State requirements were for buffer zones between residential areas and a Landfill. 


Mr. Healey said there are no State requirements.  He emphasized that no new areas will be excavated, mined and used as a landfill.


Ms. Derbin asked if any of the buffer zone would be put back.


Mr. Healey said he would have to look at the placement of her lot.


Hugh Bigelow, Cross Street, expressed several concerns with contracting the Landfill.  He said the WMAC report contained many inaccuracies and misleading data while “demeaning our current system”. 


Mr. Bigelow said tonight’s hearing is a violation of MGL30B, stating that Town Meeting vote must be given prior to any other action.


Mr. Scippione explained the liner system of the Landfill.  He noted the progressive requirements of DEP to line the Landfill.


Selectwoman Brunelle noted that proposals were also presented from other companies who wanted excessive increases in the tonnage.


Mr. Healey noted that DEP requires the Town to do regular testing on the Landfill, which would be paid by WMMA.  They would be submitted to the Town and to DEP.  He said there are no contaminants at this time, noting that the records are public information.


Mr. Scippione explained that groundwater flow, and gases are tested.


Charles and Angel Wesson, 109 Prospect Road, Plympton, questioned why their water was provided by Middleborough if their well was not contaminated.


Mr. Healey said this was a concern from residents, and proactive steps were taken to address it.


Ms. Wesson asked what the residents of Plympton “got out of” this proposal. 


Joe Freitas, a Selectman in Plympton, said they have not seen any testing reports from the last couple of years. 


Mr. Healey said he would get the reports to him.


Marsha Jameson, a Plympton resident, was concerned with a major aquifer in the northeast that runs under the Landfill.


Mr. Healey said her information is wrong.


Resident George Parsons, 10 Valley Road, asked how the proposal would change the rates for residents.


Mr. Rogers said there would be no change from the existing operation.  Hours of operation will be decided by the Town.


Resident John Scanlon asked why the Town could not make the same profit WMMA would.


Neil Rosenthal explained that it will cost $5.5 million to cap and build the next phase of the Landfill.  He said WMMA knows how to select trash, has bigger and better equipment, and can build the Landfill cheaper than us.  He also said the Town does not have enough personnel to run the Landfill at an optimal level.  He also noted that more rigorous rules are being implemented by DEP, who would prefer the Landfill to be run by a private operator.


Joe Donahue, Brook Street, questioned the existing odor problems.  He also suggested better notice be given to the abutters, perhaps placing a sign at the Landfill.


Mr. Rogers noted that one of the recommendations of WMAC is to appoint an Advisory Committee who would meet regularly, and be accessible for complaints from residents.


Selectman Bond noted that notification is not a requirement, but would be a courtesy.


Bruce Atwood said that great ideas were brought forth tonight.  He said the Committee has put in many hours, and noted that their meetings are open.  He said they welcome suggestions and ideas.  He also said a “tight” contract would be necessary to please the neighbors and ensure that the landfill is going to stay.


Pat Roberson, 7 Brook Street, asked if there is a plan to continue monitoring the Landfill after it closes.


Mr. Scippione said there is a requirement to monitor groundwater, leachate, and gas for 30 years after closing.


Mr. Roberson asked about the potential of increased traffic.


Mr. Rogers explained that larger trucks could be used to maximize tonnage.


Ms. Roberson asked that signs be placed in the neighborhood warning trucks not to “J-Break in a residential neighborhood.


Chairman Wiksten said these are all things that can be negotiated.


Hearing no further comments, Chairman Wiksten closed the hearing.


Chairman Wiksten thanked Mr. Rogers and the Committee for doing a job that “seemed impossible”.  He said good recommendations have been made.  He also thanked the representatives from Waste Management for answering questions.


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

VOTED:  To accept the report and recommendation of the Waste Management Advisory Committee.

            Unanimous Vote.


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

VOTED:  To authorize the Waste Management Advisory Committee to enter into negotiations with Waste Management of Massachusetts, Inc. on an agreement to provide the Town with solid waste management services for the operation and development of the Middleborough Sanitary Landfill, subject to the authorization of Town Meeting.

            Unanimous Vote.


Meeting with Water Superintendent – RE:  Water Main Extensions – 162 East Grove Street & Old East Grove Street


Richard Tinkham, Water Superintendent, was present.


162 East Grove Street


Selectman Bond asked if there would be any possible negative effects on the existing system or customers.


Mr. Tinkham said there would not.


Selectman Bond asked if there would be any disruption to Rte. 28. 


Mr. Tinkham said there would be none.


Chairman Wiksten asked if this would be a new connection.


Mr. Tinkham said it would.  It will be an 8” connection with hydrant and domestic services off of it.


Chairman Wiksten asked how many feet it would be extended, noting that there is an amount that is “too much”.


Mr. Tinkham said the request is for 175’.  200’ is too much.


There was a question on the size of the tap.  The request is for 1”, but the plan shows 2”.


Mr. Tinkham said the original request was for 1”.


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

VOTED:  To approve the extension for 162 East Grove Street, subject to clarification of a 1” or 2” tap.

            Unanimous Vote.


Old East Grove Street


The request from Outback Engineering, Inc. is for a water main extension in East Grove Street to Old East Grove Street for a four (4) lot subdivision.  An 8” main will be used.


Mr. Healey said he had no objections to the request.


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

VOTED:  To approve the request for a water main extension from the main in East Grove Street to Old East Grove Street on the opposite side for the purpose of servicing four (4) Form “A” lots.

            Unanimous Vote.




Update on Budget – FY’05


Selectwoman Brunelle told the Board that the Collaborative Leadership Group had met last week with several members of the MJHS Building Committee.  There will be an article forthcoming for the Special Town Meeting, pending bids.


The Group also met with Roger Brunelle, Judy MacDonald, and Jack Healey to discuss indirect costs. 


Another meeting is scheduled for Wednesday at 7:30 PM at the Nichols Middle School.  A final report is being prepared for the Board.


Request to Declare Items Surplus – Wastewater Superintendent


Mr. Healey said the Wastewater Superintendent as attempted to find people within the Town Government who are interested in articles without success.


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

VOTED:  To authorize an Auction Sale on May 20th at the Sewage Treatment Plant.

            Unanimous Vote.


Request for One Day Liquor License – A+ Bartending Services, LLC


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

VOTED:  To approve the request made by A+ Bartending Services, LLC for a One Day Liquor License for an event to be held on June 26, 2004 from 6:00 PM to 1:00 AM at 200 Oak Point Drive.

            Unanimous Vote.


Request for Parade Permit, Use of Auditorium, and Annual Poppy Drive – Middleboro Veterans Council


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

VOTED:  To approve the requests of the Middleboro Veterans Council to hold the annual Memorial Day Parade, which will begin at the Town Hall parking lot at 10:00 AM, on Monday, May 31, 2004, to use the Town Hall Auditorium if the parade should be cancelled due to inclement weather, and to hold the annual Poppy Drive on Thursday, May 27th, Friday, May 28th and Saturday, May 29th.

            Unanimous Vote.




There was no ‘Old Business’ discussed tonight.




Representatives from New England Organics will meet with the Board on May 17th to make a presentation to the Board.




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

VOTED:  To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

            Unanimous Vote.


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

VOTED:  To send a Reserve Fund Transfer Request to the Finance Committee to pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $4,843.75.

            Unanimous Vote.




The Board will discuss the Town Manager’s Evaluation at next week’s meeting.




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

VOTED:  To approve the filing of a declaratory motion judgment for the Rocky Gutter 40b project, subject to the availability of funds.

Unanimous Vote.


ü      The Board will discuss the Historical Commission’s Warrant Article in regards to the Demolition Delay Bylaw at the hearing scheduled for May 17th.

Selectman Bond asked that a “redline” version be provided to the Board.


ü      Mr. Healey will report back to the Board in regards to the hydrant pressure on the temporary water system.  Larger temporary services may be required, and a ‘Change Order’ may be necessary.


ü      Mr. Healey will call Rep. O’Brien to voice the Board’s support for the MMA Amendment to end lottery diversion.


ü      A request was received from Frank Albani, Soule Homestead Director, requesting revisions to the Lease to reflect current priorities and a more realistic time line and estimated value of the Capital Improvement Projects that were listed.


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

VOTED:  To approve the request made by Soule Homestead, as outlined in a letter to the Board dated May 1, 2004, for revisions to the Lease on page 13 to reflect the current priorities and a more realistic time line and estimated value of the Capital Improvement Projects listed, and to allow a waiver of the Building Permits, and disposal fees related to these Capital Improvement Projects, up to (2) 30-yard dumpsters.

            VOTE 4 – 0 – 1 (Selectwoman Brunelle abstained)



It was the consensus of the Board that the material to be discussed in Executive Session tonight was not an appropriate subject for Executive Session.


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

VOTED:  To schedule hearings for May 24th, for those establishments with liquor violations.

Unanimous Vote.



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

            VOTED:  To adjourn at 10:10 PM.

            Unanimous Vote.




Diane Henault, Secretary