NOVEMBER 25, 2002


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

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

Selectman Wiksten was absent.



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

VOTED: To approve the Minutes of November 18, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of November 18, 2002.

Unanimous Vote.


Hearing – Request to Place Facilities – Forest Street – Verizon

Chairman Perkins read the following: "A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, November 25, 2002 at 7:05 PM, for the purpose of discussing the petition filed by Verizon New England, Inc. and the Middleboro Gas & Electric Department, to place one new Pole 33 on Forest Street. This petition is necessary in order to eliminate an aerial trespass. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Dave Small, of Verizon, was present. He told the Board that the request is being made to provide service to 94 Forest Street which will eliminate an aerial trespass over 96 Forest Street. This will require an additional pole.

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 made by Verizon New England, Inc. and the Middleboro Gas & Electric Department, to place one new Pole 33 on Forest Street to eliminate an aerial trespass.

Unanimous Vote.

Meeting with Ed Allard & Mary Rochette – RE: HOME Consortium

Ed Allard, Director of the Office of Community Development in Taunton, and Mary Rochette, Executive Director of PRO Home, met with the Board.

The Town has been asked to join a consortium of 13 communities.

Mr. Allard told the Board that Middleborough participates in the regional program and in the Soft Second Home Program. This would be the next step.

Mr. Allard said that funds would automatically be received on an annual basis. Because the Consortium would include two (2) cities (Taunton & Attleboro), they would be subject to a formula allocation. Approximately $300,000 would be available for the remaining communities to share. Currently these funds can only be accessed by application to the State.

Mr. Allard told the Board that money would be used to assist home buyers with down payments and closing costs.

Ms. Rochette told the Board that, under Pro Home, three (3) families in Middleboro have received assistance in the past three (3) months.

Chairman Perkins asked what the voting rights of the Town would be. Mr. Allard explained that a lead entity would be identified (Taunton). Reports would be given to all communities on a quarterly or monthly basis. There can be an advisory counsel. He said there is no voting language, it is left up to the Consortium how to structure it.

Mr. Healey asked if the participation would be given on a first come-first served basis. Mr. Allard said it would. Mr. Healey noted that the success of the program would depend on how aggressive the Town is.

Ms. Rochette said the Consortium would do all advertising. Chairman Perkins noted that most residents do not read the Taunton Gazette or the Attleboro Sun Chronicle. Mr. Allard said he has spoken to Mr. Arons about which papers to advertise in.

Selectwoman Brunelle asked how 99% of the administrative costs for the lead agency would be assessed. Mr. Allard said 10% of the allocation can be used for administrative costs. He said the 99% would be the amount of work that would be done by the lead agency.

Selectwoman Brunelle questioned a percentage match.

Mr. Allard explained that the match is 25%. This does not represent a cash match. It can be met in a variety of way, with existing housing programs, Section 8, Mass Vouchers, and housing money. These can all be credited as the match.

Chairman Perkins asked who would be responsible for paying back the grant money. Mr. Allard explained that a permanent lien is placed on the property. A maximum of $10,000 can be given to each family.

Selectwoman Brunelle suggested Town Counsel review the Agreement.

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

VOTED: To approve Middleborough’s membership in the Attleboro-Taunton Home Consortium, and to authorize the Town Manager to sign the Agreement subject to approval of Town Counsel.

Unanimous Vote.

Meeting with Gene Bartlett – RE: Request for Water Main Extension

The Board received a request from Gene Bartlett, a developer in Lakeville, for a water extension of approximately 1100 feet South on Main Street, then east on Ebony Farm Road approximately 1700 feet. The extension will service four (4) commercial lots and thirty-six (36) senior units, having a total daily use of 10,000 gallons.

Mr. Bartlett and Robert Polucci were present. Mr. Bartlett told the Board that the parcel contains 53 acres. Twenty-three (23) will be developed. The remaining is wetlands.

Selectman Rogers noted that the Board had a letter from the Lakeville Selectmen supporting the request. He told the Board that the Town currently has no Agreement with Lakeville for water. This has to be adopted at both Town’s Town Meeting. Selectman Rogers said the request was not for a large amount of water.

Mr. Bartlett said the service would be looped and dead-ended. He said there will be a proposal for hydrants, at his expense.

Selectwoman Brunelle said she was not opposed, but suggested a dialogue should be opened with the Town of Lakeville to get an Agreement. Those customers currently serviced need to be identified.

Chairman Perkins said he did not disagree. He noted a recent request from a Carver developer who agreed to provide the Water Department with water saving devices, to save 1 ½ gallons per gallon sold. He said he would also like to see something of that nature with this request.

Mr. Polucci asked how this would work. Chairman Perkins said it would need to be researched.

Mr. Healey noted that Mr. Bartlett has indicated a willingness to grant an easement to a future well site on the Lakeville/Middleborough line. He will also ask for an Earth Removal Permit to remove a small amount of material.

Mr. Healey noted that test wells have not be placed on the property at this time, because it cannot be accessed. Chairman Perkins asked how the water would be taken out. Mr. Healey said an easement would be necessary through Lakeville to Middleboro.

Joe Freitas spoke in opposition to the request. He said the Town of Middleborough would gain nothing from the proposal. Mr. Freitas also said that Mr. Bartlett has been before the City of Taunton’s Council request a portion of the 1,000,000 gallon allocation from Lakeville Ponds. He asked what has happened to this. He suggested the Town should be "territorial".

Mr. Freitas asked what our surplus capacity is, noting the recent requests from Oak Point. He also noted that the project is upgradient from the East Main Street Well. He asked what impact this would have on the roads.

Mr. Freitas noted that Blueberry Estates is right next door to this site, and asked why Mr. Bartlett could not put his own well in.

Mr. Bartlett responded by telling the Board that he is meeting with Taunton’s City Council tomorrow night. He said he thought he would be a better neighbor to Middleborough. He is willing to give some capital improvement, of $5,000 - $10,000 beyond putting the line in.

Robert Lessard noted that Sgt. David Mackiewicz had spoken aggressively against expansion to out-of-towners at last weeks meeting. He suggested the Board postpone making a decision until a full Board was present.

Selectwoman Brunelle said she was not prepared to make a decision tonight. She said she was not aware of the meeting with Taunton, and would like to see how that goes.

Chairman Perkins said he was not opposed, but felt that the Town needed an Agreement with Lakeville first.

Selectman Eayrs was concerned with the Town’s capacity. He said the Board needed to know what would happen if 1 or 2 wells were shut down. He also wanted details of how close the Town is to build out.

Selectman Rogers suggested the water savers should be 2 gallons saved for every gallon used. He said he echoed the other concerns of the Board.

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

VOTED: To table the request made by Gene Bartlett for a water extension, and to ask the Town Manager to report back to the Board regarding the surplus capacity and a possible Agreement with Lakeville.

Unanimous Vote.

Selectman Eayrs noted that if there is surplus water, this would be an excellent revenue source.

Selectman Rogers noted that the E.O.E.A. is doing a community build-out. The numbers exist.

Mr. Healey said that if the largest well was taken out, a case could be made for no excess capacity, but there is.


Request to Rent Town Hall Auditorium – Middleborough Public Schools – Fine Arts Department

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

VOTED: To approve the request made by the Middleborough Public Schools Fine Arts Department to rent the Town Hall Auditorium on May 7th – May 11th, 2003.

Unanimous Vote.

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

VOTED: To waive the rental fee.

Unanimous Vote.

Request to Disperse Shade Structures – Health Department

The Board received correspondence from Jeanne Spalding regarding a Skin Cancer Grant. This year the Town has received six (6) shade structures to disperse. The Health Department has requested that two (2) be given to the COA, one (1) remain at the Town Hall, and three (3) be made available to youth groups of the Board’s choice.

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

VOTED: To disperse the shade structures as follows:

Two (2) be given to the COA;

One (1) remain at the Town Hall;, and

Three (3) be made available to the Little League, Football and Soccer.

Unanimous Vote.

Mr. Healey will check with the Park Department to be sure they do not need any more.







Community Preservation Act Committee

Chairman Perkins told the Board that the Community Preservation Act Committee had been appointed to act on behalf of the Town in reporting the pros and cons of the C.P.A. Chairman Perkins suggested that this Committee be officially disbanded at this point.

Selectman Eayrs asked if the Committee wishes to be disbanded. Chairman Perkins said they had completed the charge and could continue as individual, but not under the auspices of the Board.

Selectwoman Brunelle agreed that the Committee should be discharged. She made a motion, seconded by Chairman Perkins.

Selectman Eayrs said he disagreed. He felt the Committee should be informed of the Board’s intention and ask for their input.

Chairman Perkins said he had no problem with this. The motion and second were withdrawn.

It was the Board’s consensus to send a letter to the Committee asking if they wish to further discuss this.

Fred Weston Memorial Committee

The Board discussed setting a date to close the submittal of applications for additional members to the Fred Weston Memorial Committee.

Jane Lopes asked how many members would be added. Mr. Healey noted that the Committee was formed within the Town Committee Bylaw, and asked if the Board’s intention was to add alternates or associate members.

Chairman Perkins said this needed to be researched further. He suggested waiting until next week to act on this.


An agreement for a partnership was not met, and Mr. Barges is developing his parcel, 34 acres, by himself. The access if from Rte. 28, and there is no sewer at that point. In order to access it, unless there’s an emergency, it has to be in the street in front of the property, or go through the property. This is not the case. Mr. Healey said he told Mr. Barges this in August, and was told that the project would be redesigned and the number of units reduced, for an onsite disposal. This did not happen.

In the General Government, all Contracts have been negotiated. It is estimated that this will cost $500,000. Health insurance is expected to increase by $250,000. Additionally, CH 70 funds are expected to be reduced by 5 – 20%. Mr. Healey explained that the Town could be required to make up this difference. A 10% cut would be $1,376,129.

Mr. Healey said the figures are very preliminary, but expected they will probably grown. He suggested starting now to look at ways to deal with this.

Mr. Healey told the Board the information was given in advance of their meeting with the School Department and FinCom on December 14th.

Selectman Rogers is gathering capital requests. The School Department is requesting roofs and other elements of maintaining buildings. In addition six (6) modular units are being requested for the High School. These can be leased for $12,000/month, or purchased for $100,000 each.

In addition, the Town Hall and Bank Building are in need of maintenance work. The Fire Chief is asking for additional equipment, and the Park Department is asking for a pool cover, and installation, Babe Ruth lights, and heating and ventilation for the pool house.



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

VOTED: To pay two (2) bills submitted by ADT Security Services in the amounts of $206.84 and $103.42, totaling $310.26.

Unanimous Vote.


VOTED: To authorize the Chairman to sign Forms BWSC – 103, BWSC – 106, and BWSC – 112A for the Massachusetts Department of Environmental Protection.

Unanimous Vote.

It was the Board’s consensus that the meeting would not be scheduled before February.


There was no discussion of Correspondence tonight.

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

VOTED: To adjourn at 8:30 PM.

Unanimous Vote.

Diane Henault, Secretary