OCTOBER 20, 2003


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

Selectman Wiksten, Selectman Rogers and Selectman Eayrs were present.

Selectwoman Brunelle entered the meeting at 7:08 PM.



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

VOTED: To approve the Minutes of October 6, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of October 6, 2003.

Unanimous Vote.


Request for Title V Variance – 57 East Main Street

Chairman Perkins read a letter from Outback Engineering asking for a variance for the requirement of a perc test for property located at 57 East Main Street.

Mr. Healey said that Jeanne Spalding could not attend tonight’s meeting, but gave approval for the request. He said this is standard procedure under the Code.

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

VOTED: To allow a variance from 310 CMR 15.105 allowing a substitution of a sieve analysis for a percolation test for property located at 57 East Main Street.

Unanimous Vote.

Public Hearing – Proposed Landfill Regulations & Fees

Chairman Perkins 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, October 20, 2003, at 7:10 PM, to discuss proposed changes to the Landfill Regulations and fees. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Selectman Rogers, Chairman of the Waste Management Advisory Committee (WMAC) explained that his Committee had met with the Board several weeks ago making short-term recommendations for regulations and price changes for the Landfill.

Selectman Rogers explained that the proposed regulations will help in the longevity of the Landfill, by prolonging the life span.

Certain items will be assessed a fee. These are items that cost the Town to dispose of them.

Bob Lessard told the Board that he had visited the Bourne Landfill. He said he was impressed with the system, especially recycling. He suggested the Board invite the Recycling Coordinator, James Boyle, to meet.

Mr. Healey noted that Bourne has 33 people working at the Landfill.

Resident, George Mosley questioned if the bulky items (mattresses, furniture) take up space, as they are compressed over time. He also suggested a State Tax Credit for those households that use compactors.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To adopt the following proposed Landfill Fees, effective December 1, 2003:



Department of Public Works

(508) 946 - 2481

Open Tuesday through Saturday

8:30 am through 3:30 pm

Permit - Fees and Rules - Effective December 1, 2003

Landfill Permit

Residential landfill permits are required to enter the landfill section - no landfill permit is required for the recycling section. Residential landfill permits are available at the Town Clerk’s Office at the first floor of the Administrative Office Building at 20 Centre Street. In order to use the landfill the permit must be presented to the attendant.

Residential Permit = $ 25.00 - for 12 visits for one year. New permit required July 1.

Landfill permits cannot be replaced - One landfill permit is issued per year.



Additional Fees for dropping off the following materials: (Payable at the Landfill)

Item Fee Item Fee

Air Conditioners Tires

House $ 20 Passenger $ 5

Commercial $ 50 Large Truck $ 10

Batteries $ 5 Heavy Equip. $ 15

Stuffed Chair $ 5 Televisions/Monitors

Large Rugs $ 15 Portables/Game $ 15

Lawn/Motors $ 10 Consoles $ 30

Gas Grilles $ 10 Wide Screen $ 40

Mattress or Box $ 15 Dishwasher $ 15

Propane Tanks $ 5 Hot Water Heater $ 15

Recliner $ 20 Stove $ 15

Refrigerators $ 15 Washer/Dryer $ 15

Sleep Sofa $ 20 Freezer $ 15

Stuffed Sofa $ 15 Microwave $ 15

Large Padding $ 5 Humidifier $ 15


Residents may bring the following items to the Landfill at anytime. No Landfill Permit is required.

Oil (NO LIMIT) Recyclables -

Anti-freeze (NO LIMIT) Newspapers/Magazines

Brush – maximum size - 3 inches diameter #1 Plastic (Clear Only)

Leaves/grass clippings/hay/manure #2 Plastic (Clear & Colored)

Paint (April 1st to October 31st Only) Cans

Glass (Clear, Brown

or Green Only)

(No etched or frosted)


Scale fee is three cents ($03) a pound.

A five dollars ($5.00) minimum fee is assessed when going on the scale

Tipping Fee: Residential =$60.00 PER TON

Commercial M.S.W. (Rubbish) =$75.00 PER TON (Fluctuation w/market)

Commercial C&D =$65.00 PER TON (Fluctuation w/market)


- If unforeseen circumstances occur, and the scale is not functioning - the

following charges will be assessed to residents.

1. Automobile $ 35.00

2. Pick up Trucks, cargo vans or trailers of equal size up to 1.0 ton $ 60.00

3. One ton Dump Trucks or equivalent size trailers up to 1.5 tons $ 90.00

4. Six wheel dump trucks or equivalent size trailers up to 2.5 tons $ 150.00

5. Ten wheel dump trucks or equivalent size trailers up to 5 tons $ 300.00



Asbestos shingles Ashes

Explosive materials Foundry Sand

Corrosive materials Mining Waste

Pathological or biological waste Sludge of any type

Offal Long Stringy material

Radioactive materials No material longer than four (4) feet

Unanimous Vote.

Chairman Perkins thanked WMAC for the time and effort put into their work thus far.

Meeting with Jill Carmichael – RE: James G. Grant, Inc. – Earth Removal Permit

Attorney Jill Carmichael met with the Board.

She explained that she was requesting a transfer of Earth Removal Permit #02-2, as stated in Paragraph 22 of the Order of Conditions.

Attorney Carmichael explained that G. Lopes Construction, Inc. has entered into an agreement to purchase the property. They plan to proceed with the bog. The Purchase & Sale Agreement is contingent on the transfer of the Permit.

Bill Madden, GAF Engineering, was present. He talked to the Board about revising the current plans to move the Phase 1 line. The project would stabilize the site, and have vegetation growing, before proceeding to Phase 2.

Selectman Eayrs suggested that any modification to the plan should be held at a separate hearing from the request for a transfer approval.

Attorney Carmichael explained that the actual owner of Title may be a separate entity, an LLC. This would be different from the property owner’s name. She asked that the additional names of G. Lopes Construction, Inc. and Red Dog Cranberry, LLC (owner), be added to the Permit.

Mr. Healey said that he is comfortable with the request. He noted that this Earth Removal Permit has been a problem due to the fact that the material is "lousy". He said that people have gone in and poked around, instead of progressing through the Earth Removal in an orderly fashion.

Mr. Madden said it was the intent of G. Lopes Construction, Inc. to proceed in an orderly manner.

Selectman Rogers said he was hesitant in changing the Permit, noting that the current owner has not "kept his word" regarding cleaning up the site.

Mr. Madden said that the Board could rely on Lopes. He said this is the business they are in. He said unsuitable material can be removed. He said another Order of Conditions has been issued by the ConCom. Lopes intends to comply with those items that need to be taken care of to bring it in compliance.

Ron Silveira, Vice-President of Development, said that approximately 250 people are employed. All of the material can be used. It is their intent to finish Phase 1 first. He noted that they are not asking for a change on the Permit, which has been issued.

Mr. Silveira said that the Company has built around 400 acres of cranberry bogs, which they normally try to sell or lease.

Selectman Wiksten said that he is quite familiar with the company, and is pleased that it has come before the Board. He said the current site is an "eyesore". He noted that Lopes is the company that fixed a problem on Plympton Street on the Melville (Doyle) property.

Selectman Wiksten said he was willing to endorse the request, and later try to work to realign the phases to get the project finished.

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

VOTED: To allow the addition of two (2) names, G. Lopes Construction, Inc. and Red Dog Cranberry, LLC, to Permit #02-2, regarding Map 34 Lots 4315 and 4584, located on Plympton Street.

Unanimous Vote.

Chairman Perkins said he, too, is very familiar with G. Lopes Construction, Inc. and is pleased with the impending purchase.

Bill Madden said that it may not be necessary to modify the existing plans.


Update on Budget FY’04

There was no discussion of the FY’04 Budget tonight.




Request to Approve Water & Sewer Services – Canpro Investments Ltd.

Chairman Perkins read a letter from Canpro Investments asking approval for a contemplated water and sewer connection to the Town of Middleborough systems located at the intersection of Main Street and Commercial Drive in the Town of Lakeville.

Mr. Healey said this is a follow-up to their initial demonstration of interest.

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

VOTED: To assign Selectman Wiksten and Selectman Rogers to work with the Town Manager on this project, as well as the National Development project.

Unanimous Vote.

Request for Second-Hand License – "Game Center" – 205 West Grove Street

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

VOTED: To grant a second-hand license to Frank F. Schofield, 160 Plaistow Road – Unit 22, Plaistow, NH, for a business to be named "Game Center" located at 205 West Grove Street, for the hours Monday through Friday, 10AM to 6PM and Saturday 10AM to 5PM.

Unanimous Vote.

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

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

VOTED: To grant the requests of the Middleboro Veterans Council as follows:

Unanimous Vote.

Request to Appoint Individuals to COA Board of Directors

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

VOTED: To reappoint Anders Martenson, Jr., George Stetson, and Marilyn Chammas to the COA Board of Directors for a three (3) year term beginning November 1st.

Unanimous Vote.

Applications were received for two (2) vacancies. The Board is asking that the vacancies be advertised prior to any new appointments.

Request for Designation of Downtown Target Area – Bruce Arons, OECD Director

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

VOTED: To certify that the Middleborough Downtown Target Area meets the definition of blight under MGL Chapter 121A and 121B and is hereby designated as a blighted area.

Unanimous Vote.

Request to Place Sign at Spruce & South Streets – Police Chief

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

VOTED: To approve the Police Chief’s request to place "Dangerous Intersection" signs before the Spruce and South Streets Intersection, in both directions.

Unanimous Vote.

Request to Designate Parking on One Side of Coombs Streets – Police Chief

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

VOTED: To allow parking on only the EVEN numbered side of Coombs Street, and restrict parking within 20 feet of the corner and 20 feet after the corner.

Unanimous Vote.

Request for Approval of Reduction in Notification Period – Division of Capital Asset Management & Maintenance

Mr. Healey explained that the request is in regards to 56.8 acres of landlocked land which abuts Rte. 495, north of Miller Street and Proprietors Way. The land is owned by the State, and will be transferred to the Department of Conservation and Recreation’s Division of State Parks and Recreation (DSPR).

The Division of Capital Asset Management and Maintenance (DCAM) is required to notify the Town at least 120 days prior to any transfer. The request is to waive the 120 day notice period.

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

VOTED: To authorize the Chairman to sign the Certificate of Notification Waiver.

Unanimous Vote.

Selectman Wiksten asked if there would be any limit to the use of the land.

Mr. Healey said it would be managed in the same manner as other Fisheries & Wildlife land. No information was provided.

Mr. Healey assured the Board that the land would not be transferred to a housing agency. He said if that was the intent, it would’ve been suggested.

Request to Approve RFP for Town-Owned Land – Town Manager

Mr. Healey noted that Town Meeting has authorized the Board to sell 23 acres of landlocked land adjacent to Hell’s Blazes Restaurant. He said there is a highline running through it, and it is quite wet. The property is assessed at $48,900. The suggested opening RFP price is $49,000 minimum.

Selectman Wiksten asked about deed restricting the property to prevent development.

Mr. Healey said that Town Counsel has ruled that a Deed Restriction can only apply to the initial sale. If it is sold, the Deed Restriction does not follow.

Selectman Wiksten noted the Cherry Street property, which is being residentially developed. He said the Board’s intention was to sell the property for commercial use only.

Selectman Wiksten noted that, if Deed Restricting, the price is held back. He asked why the Deed Restriction would be placed if it could not be enforced. Mr. Healey said this language would be removed if the Board so instructed.

Selectman Eayrs suggested the land should be sold at fair market value with no restrictions.

Selectman Wiksten said the Board’s intent is to sell the land, and not have it developed. He asked if there was any way to do this.

Mr. Healey said the property would likely be used for industrial use, noting it is directly across the street from SEMASS.

Selectman Wiksten said he would like another opinion from Town Counsel.

The item was tabled until next week.

Chairman Perkins said he will contact Town Counsel.

Request to Approve & Sign Notes – Treasurer/Collector

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

VOTED: To approve the bid award to UniBank for $27,244.00 at 1.39% interest for Chapter 90 Highway monies.

VOTE – 4 – 0 – 1 (Selectwoman Brunelle abstained)


There was no ‘Old Business’ discussed tonight.


Administrative Consent Order

Mr. Healey told the Board that he had met with Mike Scippione, Weston & Sampson, and Town Counsel regarding the Administrative Consent Order.

The final form was presented to the Board to approve for signing.

The Order has to do with improvements at the Landfill, dealing with expansion, as well as the odor problem.

Mr. Scippione explained that the DEP has recommended the Administrative Consent Order instead of a penalty of $12,000.

Chairman Perkins said the suspension of the penalty is based on the fact that the Board comply with the rest of the Order immediately. He asked for assurance that this could be done.

Mr. Scippione said all plans have been submitted, but final approval has not yet been given. He said the clock starts when this is done.

Mr. Scippione said that, because of winter, some construction activities have had to have been pushed out to next year. He will get clarification on this.

Mr. Healey said the plans are to the point of making the deadlines.

Mr. Scippione said the only thing he could not commit to was the construction phase services, as this will be done by a contractor.

Chairman Perkins asked if the time allowed was "doable".

Mr. Scippione said it is.

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

VOTED: To approve and sign the Administrative Consent Order.

Unanimous Vote.




Early Retirement Incentive

Mr. Healey told the Board that he had information regarding the possible early retirement of some employees. He said there are very few that he could recommend. Unless the position is not being filled, the numbers do not work.

Assessor’s Office

There is one (1) Junior Clerk in the Assessor’s Office, given five (5) additional years, would be eligible for the early retirement. Because of the reduction in her salary, even with the continued health costs, there would be a savings of $17,610 for the first year, $34,795 for the second year, and over $31,000 going forward.

The Assessors wrote a letter to the Board committing not to fill the position of the Junior Clerk, or a current position that is vacant because of the resignation of a Clerk.

Pat McManus was present. She told the Board that the office is moving to more technology, and the office can still run efficiently with fewer Clerks. She said the Assessors strongly recommend and support the Junior Clerk position for early retirement.

Ms. McManus noted that the Junior Clerk has minimal buyout time, which will be used before the end of the year.

Chairman Perkins asked if the Junior Clerk would not be filled, or whether or not it would be filled in 1 – 2 years.

Ms. McManus said the Junior Clerk position would not be filled, but the vacant Clerk’s position might be filled in the next 1 – 2 years.

Chairman Perkins clarified that at least one (1) position would not be filled.

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

VOTED: To allow the Junior Clerk position in the Assessor’s Office to participate in the Early Retirement Incentive Program.

Unanimous Vote.

Chairman Perkins noted that he had been opposed to offering the Early Retirement Incentive, but noted that this particular situation would be a cost savings.

Selectwoman Brunelle agreed, noting that it works because the position is not being filled. She said the revised Bill gives the Board the opportunity to pick and choose who can be given the incentive.



G&E Department

The Board received correspondence from Jim Collins identifying four (4) G&E employees who have been approved by the G&E Commission to participate in the early retirement.

Mr. Healey noted that the Commission has agreed to allow the four (4) employees to participate, and would support any costs associated with it. This would be reflected in the G&E’s Indirect Cost Analysis, and would not be a tax impact.

Chairman Perkins said he supported the Commissioners, noting no additional expense to the Town.

Steve Morris asked if the Board had any information on what this would cost, or save. He asked if any costs would be reflected in rates.

Chairman Perkins said he did not disagree, but noted, as the elected Board, a vote would still have to be taken to allow it.

Mr. Healey said that Mr. Collins had indicated that all four (4) positions would be filled, so there would probably not be a cost savings. He said he did not know the rationale for the Commissioners allowing the early retirement.

Selectman Wiksten said the intent of the law was to help cities and towns from laying off employees. He said he was opposed to giving the early retirement to those positions that would be replaced.

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

VOTED: To continue this discussion pending more information from the Gas & Electric Department, including the financial impact.

Unanimous Vote.

Building Department

Mr. Healey told the Board that Bob Whalen has passed the test for Building Commissioner. He said he was comfortable with Mr. Whalen replacing Mr. Gedraitis should he retire.

Mr. Healey detailed the cost savings, noting that the Assistant position currently held by Mr. Whalen would not be filled. In addition, Mr. Gedraitis has agreed to splitting his Sick Leave Buyback into three (3) equal installments over three (3) years.

The analysis provided to the Board showed the position of the Assistant being filled for 1 ½ years.

The Board questioned the financial gain with this, noting the additional workload that Mr. Whalen would incur.

Selectman Eayrs asked Mr. Gedraitis if the office could run without the Assistant.

Mr. Healey said it was unfair to ask Mr. Gedraitis this question.

Mr. Gedraitis said he has been in the position for 28 years. Traditionally, he has worked 12 hours/week for free. He said with the hiring of the Assistant within the past two (2) years, he has been trying to hold back to 40 hours/week.

Mr. Gedraitis said, if he left, it would be up to the new person to devote whatever energy is needed to get the job done. He said this would take a lot of dedication and work.

Selectman Eayrs said that a savings of $46,000 would still cover the need to hire an Assistant should it become necessary.

Selectman Wiksten asked if the Assistant’s position would be one that would be laid off next July.

Selectwoman Brunelle said it would.

Selectman Wiksten said that this had to be taken into consideration, noting that the Bill was to allow Town’s to prevent layoffs.

Selectman Wiksten said there were a number of positions such as this one. Selectwoman Brunelle said that others would not be beneficial.

Selectman Eayrs noted that a layoff would also provide the Town with unemployment costs. He said the early retirement gives the Board a chance to get rid of a position in an efficient way.

Selectwoman Brunelle said it would up to the Board as to when the Assistant’s position would be filled.

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

VOTED: To allow Bill Gedraitis to participate in the Early Retirement Incentive Program.

VOTE 4 – 1 (Chairman Perkins opposed)

Town Clerk & Accountant Position

Mr. Healey told the Board that multiple scenarios had been worked for the Town Clerk & Accountant’s position, but they did not work financially.

Discussion ensued on whether or not the position should be split when Ms. Bernier retires.

Mr. Healey said that Eileen Gates has demonstrated that she has mastered the Town Clerk’s function. She has acknowledged that she does not have the necessary accounting skills.

Mr. Healey said it is the Board’s choice as to whether or not the position should be split.

Chairman Perkins agreed that the Early Retirement Incentive did not make sense. He said a policy decision needs to be made on splitting the position. He said he had a "hard time creating a new position when someone has been paid to do both positions". He said he liked Ms. Gates, and acknowledged she would be capable to take over as Town Clerk. He suggested keeping the position as one, and looking to outside help if necessary.

Selectwoman Brunelle suggested looking at splitting the positions because of the workload. She said this would allow the Town Accountant to devote more time. She said space also had to be considered, noting that additional space would be needed if the position was split.

Selectman Rogers suggested changing the terminology to "Financial Director" as opposed to Town Accountant.

Mr. Healey said communities that do not have elected Treasurer’s or appointed Town Accountants use a Director.

Selectman Rogers suggested that someone could be hired temporarily if necessary.

Selectman Eayrs said the position should be split. He said Town government is getting more complicated and it makes sense to split the position because separate skills are required.

Selectman Rogers said he would not support Early Retirement for Ms. Bernier as she is approaching retirement now. He said she has been a credit to the Town, and an excellent Town Clerk & Accountant.

Mr. Healey said that Ms. Gates should be considered for the Town Clerk position, with a separate Town Accountant. He said this may cost a little more, but Ms. Gate’s current position would also not be filled.

Selectwoman Brunelle suggested talking to Ms. Bernier.

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

VOTED: Not to offer the Early Retirement Incentive to the Town Clerk & Accountant.

Unanimous Vote.

Fire Department

Mr. Healey said there had been two (2) officers willing to take the Early Retirement if offered. However, the positions would have to be backfilled. He said this was also true of the Police Department. The numbers do not work.

Health Department

Mr. Healey said there were several potential employees in the Health Department. But, even with a change of structure, it cannot work financially.

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

VOTED: To go forward with those positions that were approved, and make no offer on the others.

Unanimous Vote.

Memorial Junior High School

Mr. Healey told the Board that he, and Denise Walsh had discussed the Memorial Junior High School and the need for a policy decision regarding the future of the main building.

Mr. Healey said the gym section gets quite a bit of recreation use. He said the School Department has recently authorized it to be used as a youth center twice a week under the YMCA and MYA.

Mr. Healey said a decision has to be made on whether or not to move forward with the Superintendent’s suggestion of renovating the building with State assistance for an Early Childhood Education Center and School Department offices. The other choice is to abandon this use in favor of selling to the private sector for an elderly housing development.

Mr. Healey asked for a couple dates that the Board would be available to meet with the School Committee to discuss this.

Chairman Perkins suggested November 10th or 17th.

Selectwoman Brunelle noted that the building is still School Department property, not within the control of the Board. She said the School Committee would have to take the first step.

Mr. Healey said that he and the Superintendent recognize that this should be a community decision. He noted no State money is coming. Regardless of the outcome, a consensus has to be reached.

Chairman Perkins asked that, once the date is set, the Historical Commission also be invited to the meeting.

Stable Permit Applications

Mr. Healey said that some horse owners have been confused by a mailing sent by the Health Department. There is a tax form that needs to be filled out by the Treasurer/Collector as to whether or not any money is owed to the Town.

Ms. MacDonald has agreed to accept a list from Jeanne Spalding, and put it through her system to determine if any owners owe money. Stable Owners only need to complete the application, and pay the fee.

Nomination for Animal Inspector

Mr. Healey said that Bill Wyatt has agreed to offer himself as a nominee as the Town’s Animal Inspector, for one more year.

Mr. Healey explained that there are over 120 horse and llama stables, bovine and sheep that need to be inspected. He said this is a 30 – 40 hour function in addition to the hours of the Animal Control Officer’s job. He said a solution needs to be found.

The Town faces a $500 penalty if an Inspector is not nominated.

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

VOTED: To nominate Bill Wyatt as the Town of Middleborough’s Animal Inspector.

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 $11,502.24.

Unanimous Vote.

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

VOTED: To pay the bill submitted Collins, Loughran & Peloquin, P.C in the amount of $5,115.00.

Unanimous Vote.


Request to Install Services through Floors – Rebecca Estates

The Board received correspondence from the Water Superintendent regarding a request from Gregory Maroney, Harvestwood Development, to install water services up through basement floor slabs rather than through the basement sidewalls due to water drainage problems. Mr. Tinkham does not recommend allowing the waiver.

Selectman Rogers noted that his water services comes through the floor. He questioned why this would be a problem, as long as there was a pipe there for removal.

Selectman Wiksten said this would have to be allowed, noting that commercial buildings allow water services through ground and slab. He said he would like solid evidence as to why the request should not be granted. He agreed that the pipe could be "sleeved" so the service could be pulled out through the foundation.

Chairman Perkins said he had spoken to Mr. Tinkham. He said there are definite drainage problems in this area. He said the contractor wants to bypass French drains and seal them.

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

VOTED: To deny the request for a waiver.

VOTE 2 – 3 (Selectman Wiksten, Selectman Rogers, and Chairman Perkins against)

It was suggested that the parties requesting the waiver be invited to meet with the Board to provide more information.

E-mail from Tom Murphy – Permanent Cable Committee Member

Discussion ensued on an email that was sent by Tom Murphy to the Board regarding the sound system and other issues related to the cable system.

Selectman Wiksten noted that the School Committee meetings are "flawless". He said the Selectmen should have the same quality. He said the Board has asked three (3) times for a new sound system.

Selectman Rogers agreed, noting that it has been six (6) months, and the Board continues to be told the Committee is "getting quotes".

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

VOTED: To put the Town Manager in charge of getting the sound system resolved.

Unanimous Vote.

Request for Key to Building – Nemasket River Productions

Chairman Perkins told the Board that Merrie Mizaras has requested access to the key to the Town Hall for using the auditorium the next three (3) nights.

Selectwoman Brunelle said she did not agree with giving out the key.

Chairman Perkins noted that meetings that had been scheduled have been cancelled, leaving the Production company with no one to give them entrance to the building.

Selectman Wiksten suggested that the custodian should work 2PM – 10PM. He said the building is getting used more, and this would eliminate arranging someone to be here for security.

Selectwoman Brunelle said that would not resolve the immediate problem.

Selectman Wiksten and Selectman Rogers volunteered to open the building.

Meeting with Carver Board of Selectmen

Selectwoman Brunelle suggested inviting the ZBA, ConCom and Planning Board to meet prior to the next meeting with the Carver Board of Selectmen.

Chairman Perkins suggested meeting with these Boards on a Saturday morning. The Board’s Secretary will try to schedule a meeting for November 1st.




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

VOTED: To enter into Executive Session at 9:45 PM to discuss Litigation, not to return to Open Session.

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

VOTE 5 – 0


Diane Henault, Secretary