SELECTMEN’S MEETING

OCTOBER 16, 2006

 

 

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

 

Selectman Spataro, Selectman Bond, and Selectman Andrews were present.

Selectwoman Brunelle was absent.

 

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

            VOTED:  To schedule a meeting with Tom O’Brien on December 4, 2006 at 7:05        PM to discuss his transition to Plymouth County Treasurer.

            Unanimous Vote.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of October 2, 2006.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with MOM – Presentation of Certificates of Appreciation

 

Ned Vaughan, Middleborough on the Move, was present. 

 

Certificates of Appreciation were presented to the Sardinha Family Trust and Eastern Bank in recognition of their generous donations to MOM’s “2006/2007 Clean Team Campaign”.

 

Mr. Vaughan spoke of pending projects, including the clean up of the “Gurney” lot on Wareham Street.  He said donations are always accepted.  MOM meets on the first Wednesday of each month.

 

Hearing – Request for WRPD Special Permit – Gateway Estates – Precinct Street

 

Chairman Perkins read the following:  “The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, October 16, 2006 at 7:05 PM, for the purpose of discussing an application filed by Prime Engineering, on behalf of Gateway Estates Subdivision, for a Special Permit under the Water Resource Protection District By-law, to allow the construction of drainage outfalls within 25 feet of a fresh water wetland.  The property is located on the northwest side of Precinct Street, and is shown as Assessors Map 031 Lots 3057 and 4739, zoned Residential “R”, W.R.P.D. “Z4”.   Anyone wishing

to be heard on this matter should appear at the time and place designated.”  The hearing was opened

 

Attorney Robert Mather was present to represent Gateway Estates, LLC.  He returned the green cards.

 

Attorney Mather introduced Bob Rego, Prime Engineering, who is the project engineer.

 

Attorney Mather said that the property is located on Precinct Street.  It is an approved 13 lot subdivision.  He Permit is needed to begin construction of a detention basin.  Some of the construction related to the detention basin is located within 25’ of the wetlands.  An Order of Conditions has been approved by the ConCom.

 

Attorney Mather presented new copies of the plan showing a small change regarding how the drainage pipes will fit in with relation to the gas line being put in the streets by the Middleborough G&E Department.

 

Mr. Rego explained how the property drains to three (3) ponds.  The approved subdivision includes two (2) drainage outfalls which will be located within 25 feet of a freshwater wetlands. 

 

Chairman Perkins noted correspondence from the Building Commissioner and the Health Officer who had no comments regarding the request.  The ConCom has already addressed their issues through the Order of Conditions.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To allow the petition of Gateway Estates, LLC by its representative Robert S. Rego of Prime Engineering, Inc. relative to its request to allow the construction of a 12-inch storm drain including two drain manholes; and a 21-inch storm drain headwall and splash pool within the layout of Precinct Street with the following stipulations:

1.                  The project will conform in all respects to the following plan:

           

            a.         “Plan to Accompany Special Permit Application Prepared for    Gateway Estates, LLC, Plymouth, Massachusetts” prepared by Prime       Engineering, Inc. and dated August 23, 2006 and revised on October 16,             2006.

 

2.                  Applicant will comply with the terms of the Order of Conditions issued by the Town of Middleboro Conservation Commission dated June 23, 2005.

Unanimous Vote.

 

Hearing – Request to Install Conduit & Manhole – MG&E and Verizon - Old Spruce Street

 

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, October 16, 2006 at 7:25 PM, for the purpose of discussing the petition filed by Middleborough Gas & Electric Department and Verizon New England INC., to install conduit and a manhole on Old Spruce Street.  This petition is necessary to complete utility connections to new house lots.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Bill Taylor, Electric Division Manager, was present.  He said the proposal is to place conduit for a new subdivision to serve 12 lots.

 

Charles Newall, an abutter, said he was satisfied with the proposed plan.  He asked about the concrete culverts that are to be installed along the same road.  He asked if there was any update on that information.

 

Chairman Perkins said the Board had heard nothing.  He said this would be recorded as his only objection.  He noted that the culverts are the result of ConCom and DEP permits.

 

Chairman Perkins explained that these culverts could effect what Verizon and the G&E are doing. 

 

Mr. Healey said that he will look further into Mr. Newall’s concern.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To approve the request Middleborough Gas & Electric Department and        Verizon New England INC., to install conduit and a manhole on Old Spruce    Street to complete utility connections to new house lots.

            Unanimous Vote.

 

Hearing (cont.) - Request for Class II License – Gas Depot & Service – 5 Station Street

 

This hearing had been continued at the request of the applicant.

 

The applicant was not present at the time scheduled – 7:30 PM.

 

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

            VOTED:  To deny the request for a Class II License filed by SAM Ghani, Inc. d/b/a Gas depot & Service, 5 Station Street, and advise him to resubmit his     application.

            Unanimous Vote.

 

Selectman Andrews said the gas station goes a long way toward helping people with relatively expensive gas.

 

Mr. Ghani arrived at the meeting.

 

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

            VOTED:  To reconsider the application for the Class II License.

            Unanimous Vote.

 

Mr. Ghani returned the green cards.  He said his request was for no more than 2 -3 vehicles. 

 

Selectman Bond asked where the vehicles would be displayed.

 

Mr. Ghani said there are two (2) spaces on either side of the building, and one (1) at the “point”.

 

Selectman Spataro asked where customers would park.

 

Mr. Ghani said he has a big area.

 

Selectman Spataro said it didn’t seem that big.

 

Robert Campanini, who accompanied Mr. Ghani, told the Board that he rents a bay there.  He further explained that there, displaying three (3) vehicles as described, there would probably be a place for three (3) customers cars in addition.

 

Selectman Spataro asked if there would be overflow onto the sidewalk, such as tires.

 

Mr. Campanini said that customers from the Royal Café currently park there.  “No Parking” signs would have to be put up where the tires are. 

 

Selectman Spataro asked about the layout of the lot, concerned that leaks from cars would run into the street.

 

Mr. Campanini agreed, explaining that the parking lot is higher than the road.  He said that is the current way that the pitch runs.

 

Selectman Andrews said Mr. Ghani has done a good job at the service station.  He said the property looks nice and he provides reasonable priced gas.  He said he supported the request and his rehabilitation of the Everett Square area.

 

Chairman Perkins said the area was a “tight spot”.  He said he thought three (3) cars would be “pushing it”.

 

Mr. Healey said he had no objection to the request.  He said if there’s a problem, the applicant could be brought back before the Board.

 

Selectman Spataro said, when he was previously on the Board, dealers were required to erect berms.

 

Selectman Andrews said, being a gas station, he would think the concerns for runoffs would be taken care of under the rules and regulations of operation.  He said he would agree with the suggestion of berms if this was a new start up.  He said he wasn’t sure you’d be able to access the station with a berm because of the rise on the property.

 

Selectman Spataro asked if the area in the front was more level than the sides.

 

Mr. Campanini said it was.

 

Ruth Geoffroy reminded the Board that new Downtown Business Zoning had been passed at the previous Town Meeting.  She suggested someone check the bylaw to see how it’s written. 

 

Selectman Andrews questioned the difference between having vehicles for repair, but not for sale.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Upon motion by Selectman Andrews and seconded by Chairman Perkins, the Board

            VOTED:  To approve the request of SAM Ghani, Inc. d/b/a Gas depot & Service,       for a Class II License at 5 Station Street for not more than three (3) vehicles with   hours 9AM to 6PM, 7 days per week, subject to compliance with the current        zoning bylaw.

            VOTE 2 – 2 (Selectman Bond and Selectman Spataro opposed)

            Motion does not carry.

 

Selectman Andrews expressed disappointment with the vote, saying the Board had “just put the boots to a businessman in downtown Middleborough”.

 

Mr. Healey said nothing would prohibit the applicant from coming back with the request because there is not a full Board.

 

Set Order of Conditions for Earth Removal Permit – Veira – Plympton Street

 

The Board reviewed the Order of Conditions for the Earth Removal Permit for Edward Veira, Plympton Street.

 

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

            VOTED:  To issue the Order of Conditions for Earth Removal Permit #06-5, in             the name of Edward Veira, located on Plympton Street, Middleborough, MA.

            Unanimous Vote.

 

Public Hearing – Special Town Meeting Warrant Articles

 

The Board discussed the Articles for the October 30th Special Town Meeting.

 

Article  1

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to supplement and/or adjust departmental budgets for Fiscal Year 2007, or act anything thereon.

 

The Board discussed the proposed requests:

 

DEPARTMENT                                ACCOUNT #                                      AMOUNT

 

Library                                                 01.610.511104.0.0                              $10,350.

            Reg. Pay Clerical Part Time

 

Police                                                   01.                                                       $127,000.

            Reg. Pay Patrolmen

 

Fire                                                      01.                                                       $74,305.

            Reg. Pay Firefighters (2)

 

Highway                                               01.                                                       $46,411.20

            Reg. Pay Truck Driver/Laborer (2)

 

Town Manager                         01.                                                       $7,018.40

            Reg. Pay Part Time Clerical

 

Town Manager                         01.                                                       $8,600.

            Interim Assistant Town Manager

 

Treasurer/Collector                               01.                                                       $5,000.

            Clerical Full Time

 

Town Accountant                                 01.                                                      

            Clerical Full Time                                                                                  $6,704.

            Consultant Schedule “A”                                                                       $10,000.

            and Maintenance Activities

 

Veterans’ Services                                01.543.577000                                    $30,000.

            Medical & Cash Aid

           

Legal                                                                                                                $75,000.          Landfill Close Legal Expenses through June 30, 2007

 

I.T.                                                                                                                   $16,625.

 

G.M.E.G.                     (details to follow)                                                         

FY’07 Supplemental Budget Adjustments                                                         $365,950.48

FY’06 Retroactive                                                                                            $207,664.57

FY’05 Retroactive                                                                                            $  82.619.20

 

Treasurer/Collector Salary                                                                   

                                                                                                                                               

                                                                                                TOTAL

 

 

 

Library

 

Danielle Bowker told the Board that the Middleborough G&E Department has agreed to transfer $10,500 to the Library to meet the need of the State requirements to get State contribution.  She cautioned that this has to be done in such a way to show the appropriation, or inter-departmental transfer, as this is a requirement.

 

Police Department

 

Chief Russell said that his request is for money for overtime.  He reminded the Board that, at the Spring Town Meeting, he had been told to keep the police officers working with the money to be made up in the Fall.  He said he had questioned paying out of present money for reimbursement, but was told the money would be there.

 

Fire Department

 

Mr. Healey gave the Board a memo disclosing his interest on the funds being restored at the Fire Department.  He explained that his son, Lionel, is next in line to be rehired if the funds are made available.  He stepped down and left the room for this discussion.  He said he will also file a copy of the disclosure with the Town Clerk.

 

Chief Silva said he had met with the FinCom last year and was told the same thing as the Police Chief.  He said the request is an effort to bring back personnel to keep the substations open.

 

Chairman Perkins noted that the Board was just reviewing the requests tonight because the amount of money available is not known.  He said the Board would, hopefully, be able to prioritize next week.

 

Mr. Healey returned to the room.

 

Highway Department

 

Mr. Healey said that Don Boucher is requesting funding to hire 2 of the 7 guys he is currently down.  He said, in reviewing the year-to-date expenditures, there is a possibility that this might be able to be done within the existing budget.  He said Mr. Boucher will move one guy to heavy equipment operator and hire a temporary truck driver laborer for the remainder of the year.  This could be done with an $8,000 inter-departmental transfer.

 

Selectman Spataro asked what would happen next year.

 

Mr. Healey said he hoped the State would “come through”.  He said every potential revenue generator is being worked to save people.  He said, absent a successful Override in April, next year could see significant layoffs.  It has the potential to be a disastrous year.  He noted that Department Heads have been asked to submit a 5-year plan by November 1st.

 

Town Manager’s Department

 

Mr. Healey said this request is being made to fund a part-time clerical position while his Assistant is on maternity leave. 

 

Mr. Healey also requested $8,600 to hire Jeanne Spalding as the interim Assistant Town Manager.  He said something needs to be done to effect a positive transition to his successor.

 

Chairman Perkins said this is an issue the Board will be dealing with.  He said the Search Committee has already been dealing with it and will have an answer by Spring. 

 

Treasurer/Collector Department

 

A request is being made to supplement the Full Time Clerical position.

 

Judy MacDonald said there was a $5000 shortage at the Annual Town Meeting, but it did not make it on the supplemental request.  She explained that an inter-departmental transfer needed to be made within her budget.  If this is not done, her postage will be short.

 

Town Accountant’s Department

 

Nancy Robbins will be retiring in February.  Money is being appropriated to supplement the budget to allow someone to be hired prior to her retirement to work with her.  $10,000 is needed for a consultant.

 

Chairman Perkins asked if there was “room for movement”.

 

Mr. Healey said he hoped to know the number before Town Meeting.

 

Veterans’ Services Department

 

Paul Provencher said the request is being made for Medical & Cash Aid.  He said this is a hard number to project, but it “rarely goes down”.

 

Chairman Perkins asked if some of the money is reimbursed.

 

Mr. Provencher said it is reimbursed by 75%, but won’t be received until next year.

 

Selectman Bond said it is actually a “revolution of money”.

 

Mr. Provencher noted the reimbursement goes to the General Fund.

 

Selectman Bond asked if the changing definition of a Veteran has had a significant effect.

 

Mr. Provencher said there is a bigger pool of people.

 

Legal Department

 

Mr. Healey said the anticipated expenses related to the lawsuit we’re involved in are $75,000 through June 30, 2007.

 

Selectman Andrews also noted the lawsuit prevents the Town from exercising its agreement with Waste Management. 

 

IT Department

 

Tara Pirraglia explained that the IWS Unit at the Police Station is an Image Wear System.  It is used to take photographs.

 

Lt. Bruce Gates told the Board that old files cannot currently be accessed.

 

Ms. Pirraglia said 5 units have been ordered for the Library, which previously had 12 used PCs handed down.

 

Health Department

 

Mr. Healey said a supplement of $15,630.27 is needed for the Animal Control Officer.

 

GMEG

 

Chairman Perkins said there is nothing to say regarding this as this is in negotiations.

 

Chairman Perkins said this adds up to approximately $783,000.  There is only $394,000 available at this time. 

 

Steven Studley, FinCom, told the Board that the FinCom is working with these numbers now.  He said he had no background information for the “big ticket item”, GMEG.

 

Chairman Perkins asked if the FinCom expected to have suggestions by next week.

 

Mr. Studley said no.

 

Harry Pickering asked if the Board was closer to a negotiating date for GMEG.

 

Chairman Perkins said no, the Board has been waiting for a figure that it doesn’t have.  The Board’s Secretary has been asked to contact Labor Counsel for possible dates to negotiate next week.

 

Louise Carberry asked if the Board was approving the requests for Article 1.

 

Chairman Perkins said there was not enough information to do so.

 

Ms. Carberry said she had taken out a petition to rehire 2 firefighters, but didn’t get it in on time.  She urged the Board to keep the request for the supplement on.

 

Article 2

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to pay unpaid bills from prior years, or act anything thereon.

 

There are 2 unpaid bills for the Planning Department totaling $284.25.

 

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

            VOTED:  To support Article 2.

            Unanimous Vote.

 

Article 3

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the stabilization fund, an existing appropriation or account or other available source for the purpose of conducting State mandated inspections of the Nemasket Park Dam on Wareham Street and Shorts Brook Dam on Thomas Street, or act anything thereon.

 

This is a directive of the State to inspect 2 bridges.

 

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

            VOTED:  To support Article 3.

            Unanimous Vote.

 

Article 4

 

To see if the Town will vote to transfer the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) from the Wastewater Enterprise Unreserved/Retained Earnings Account of the for the purpose of Sludge Disposal, or act anything thereon.

 

This is not tax dollars.

 

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

            VOTED:  To support Article 4.

            Unanimous Vote.

 

Article 5

 

To see if the Town will vote to rescind the vote taken under Article 14 of the 2006 Annual Town Meeting which vote appropriated $17,533.00 to buy back sick leave from the Dog Officer/Animal Control Officer, or act anything thereon.

 

Bill Wyatt, who originally was retiring September 1st, has decided to remain on the payroll and not take the Sick Leave Buyback.  The previous vote needs to be rescinded.

 

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

            VOTED:  To support Article 5.

            Unanimous Vote.

 

Article 6

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of paying for engineering, design and bidding, construction and other expenses in connection with the Design & Implementation of Best Management Practices to Reduce Stormwater Pollution to the Nemasket River Project, subject to receipt of Grant acceptance, or act anything thereon.

 

Chairman Perkins asked how long it would be before the Town received the reimbursement from Grants.

 

Mr. Healey said it is right away.  He said the Town will need to short-term borrow, but the project has to be done by June 30, 2007.

 

Chairman Perkins asked the Treasurer for her point of view on the Bond rating.

 

Ms. MacDonald said there are several outstanding projects in excess of $10 million.  She suggested postponing any additional borrowing, other than items that can be reimbursed, or are practical.

 

Selectman Andrews suggested that borrowing articles should give the actual costs.

 

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

            VOTED:  To support Article 6.

            Unanimous Vote.

 

Article 7

 

To see if the Town will vote to transfer $680,000.00 from Financial Assurance Mechanism (FAM) Account (29.3304.00) to the General Fund for the purpose of fixing the tax rate for Fiscal 2007, or act anything thereon.

 

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

            VOTED:  To support Article 7.

            Unanimous Vote.

 

Article 8

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of purchasing a postage machine/meter and related equipment for the Treasurer/Collector’s office, or act anything thereon.

 

Ms. MacDonald said that the new meters, which won’t fit her current machine, will be in effect as of 12/31/06. 

 

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

            VOTED:  To support Article 8.

            Unanimous Vote.

 

Article 9

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of updating the town-wide fixed asset accounting system for capital assets, or act anything thereon.

 

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

            VOTED:  To support Articles 9 & 10.

            Unanimous Vote.

 

Article 10

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of updating the town-wide fixed asset accounting system for infrastructure assets, or act anything thereon.

 

Chairman Perkins questioned when the Town would get the software to not have to hire an outside consultant.

 

Ms. MacDonald said the software is there.  She said it was never attempted by the previous Town Accountant.

 

Mr. Studley said the previous Town Accountant had a Capital Assets software that was no compatible with the current version of software.  He said the system will have to be upgraded to allow for ‘New Vision’ software.

 

Ms. Pirraglia said that she installed the capital assets program software in 2004.  She said it is ready to go, but needs input.  She said we have New Vision.  

 

Chairman Perkins noted that the State has been asked to do an audit of the IT Department.  It should be done in the final quarter of this year.

 

 

 

Article 11

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source for the purpose of computerizing compensating absences accounting, or act anything thereon.

 

Ms. MacDonald said that this money had been previously appropriated, but was closed out after the previous Town Meeting by the Town Accountant.  She said the IT Department did not have a chance to get it up and running.

 

Ms. Pirraglia said the software is installed.  The money is for configuration and data entry.

 

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

            VOTED:  To support Article 11.

            Unanimous Vote.

 

Article 12

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source for the purpose of hiring a consultant to perform an actuarial valuation to determine the town’s accrued liability and total unfunded liability for post- retirement benefits required by GASB 45, or act anything thereon.

 

Selectman Andrews suggested that, in the future, acronyms include full wording.

 

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

            VOTED:  To support Article 12.

            Unanimous Vote.

 

Article 13

 

To see if the Town will vote to transfer twenty-five thousand dollars ($25,000.00) from the COA Trust Fund to line item 541-01-511130 (Drivers) of the FY2007 COA Budget for the purpose of funding the staff required to operate GATRA/COA buses on a new, in-town bus route to begin on or about November 7, 2006, or act anything thereon.

 

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

            VOTED:  To support Article 13.

            Unanimous Vote.

 

Article 14

 

To see if the Town will vote to borrow $229,875.00 in anticipation of reimbursement from the State, from available funds appropriated under Chapter 122 of the Acts of 2006, for work eligible for expenditure under General Laws, Chapter 90, Section 34 (2)(A), or act anything thereon.

 

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

            VOTED:  To support Article 14.

            Unanimous Vote.

 

Article 15

 

To see if the Town will vote to rescind the vote taken under Article 13 of the warrant for the June 5, 2006 Annual Town Meeting and to raise and appropriate and/or transfer $144,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of paying for off site disposal of waste brought to the Landfill, or act anything thereon.

 

Mr. Healey said we have paid approximately $12,000 per month for close to 2 years.  He said this is for disposal of trash that is allowed to be brought to the Landfill with a Permit.

 

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

            VOTED:  To support Article 15.

            Unanimous Vote.

 

Article 16

 

To see if the Town will vote to rescind the vote taken under Article 19 of the warrant for the June 5, 2006 Annual Town Meeting and to raise and appropriate and/or transfer a sum

of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source for the purpose of a revaluation update for the Board of Assessors of commercial and industrial real estate and personal property, or act anything thereon.

 

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

            VOTED:  To support Article 16.

            Unanimous Vote.

 

Article 17

 

To see if the Town will vote to raise and appropriate and/or transfer the sum of Twenty-Five Thousand Dollars ($25,000.00) from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing to pay a settlement in the Superior Court case of Corrosion Control Corp. v. Town of Middleborough et al., or act anything thereon.

 

Chairman Perkins said that people should be aware that a substantial amount of money was saved by this litigation.

 

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

            VOTED:  To support Article 17.

            Unanimous Vote.

 

Article 18

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of purchasing protective firefighting gear for the Fire Department personnel, or act anything thereon.

 

Mr. Healey said this has to come from available funds.  The original amount requested, $72,500, was split to allow articles to be presented at $36,350 to keep the cost down.  It was reduced with the anticipation that the rest of the money will come at a future time.

 

Chief Silva said the current gear is almost 6 years old.  Replacement cost is about $16,000 per set.

 

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

            VOTED:  To support Article 18 for $36,350.

            Unanimous Vote.

 

Article 19

 

To see if the Town will vote to raise and appropriate a sum of money by borrowing for the purpose of purchasing Fire Department equipment, and to meet this appropriation to authorize the Treasurer with the approval of the Board of Selectmen to borrow under General Laws Chapter 44, Section 7, or act anything thereon.

 

Chief Silva said the current extrication tools are of 1980s vintage.  It is heavy and required 2 people to use it.  He said the Firefighters Union is in the process of purchasing jaws t be donated.

 

Larry Fahey, President of the Firefighter’s Union, told the Board that the equipment is approaching 30 years of age.  Parts are being obsolete.  He said the Firefighters want to outfit not only the Squad, but the lead engines.  He said about 80% of motor vehicle accidents could be handled by the outfitted engines.  It would be half the weight and 1 person could operate it.  He said the Union has committed to $12,000 to outfit one of the lead engines.  $85,000 is being asked to outfit the squad and the 2 engines.  He said Firefighters are trying to contribute $30,000.

 

Mr. Fahey told the Board that the Union had also purchased drafting equipment to provide water for effective firefighting.

 

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

            VOTED:  To send a letter of thanks to the Firefighter’s Union.

            Unanimous Vote.

 

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

            VOTED:  To support Article 19 for $65,000 by borrowing.

            Unanimous Vote.

 

Article 20

 

To see if the Town will vote to accept the provisions of General Laws Chapter 39, Section 23D with respect to adjudicatory hearings which may be held by the Planning Board or Board of Selectmen pursuant to General Laws Chapter 40A, Section 9 and the Planning Board pursuant to General Laws, Chapter 41, Section 81T to allow any member of the Planning Board or Board of Selectmen to be absent from a single session of an adjudicatory hearing at which testimony or other evidence is received and not be disqualified from voting solely due to the member’s absence at the single session, or act anything thereon.

 

Ruth Geoffroy said this is legislation that has recently passed.  It needs to be adopted by each Board.  The ConCom and ZBA are not in this article.

 

This article allows members to be absent once from a hearing and still be able to vote.

 

Selectman Bond asked if the member would be required to read a transcript or view the video.

 

Chairman Perkins said he believed that was stated in the law.

 

Selectman Bond asked that a handout of the law be available at Town Meeting.

 

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

            VOTED:  To support Article 20.

            Unanimous Vote.

 

Article 21

 

            To see if the Town will vote to raise and appropriate a sum of money by borrowing in addition to the amounts authorized under Article 40 of the 2001 Annual Town Meeting and Article 49 of the October 27, 2005 Special Town Meeting, for construction, architectural and engineering services, and construction administration services in connection with remodeling, reconstructing and making extraordinary repairs to the Memorial Junior High School, including original equipment, landscaping, paving and other site improvements; and to meet this appropriation, to authorize the Treasurer with the approval of the Board of Selectmen to borrow a sum of money under Chapter 44 or Chapter 70B of the General Laws or any other enabling authority; provided, however, that the amount of the borrowing authorized under this article, Article 40 of the 2001 Annual Town Meeting, and Article 49 of the October 27, 2005 Special Town Meeting, shall be reduced by the amount of any reimbursement, grant or other payment from the Massachusetts School Building Authority for the project received prior to the issuance of bonds or notes under this vote, under Article 40 of the 2001 Annual Town Meeting, or under Article 49 of the October 27, 2005 Special Town Meeting; to authorize the Memorial Junior High School Building Committee created under Article 25 of the 2000 Annual Town Meeting to expend funds appropriated under Article 40 of the 2001 Annual Town Meeting, under Article 49 of the October 27, 2005 Special Town Meeting, under this article, and from any grants for remodeling, reconstruction and making extraordinary repairs to the Memorial Junior High School, and to take all necessary or desirable action to remodel, reconstruct and repair the Memorial Junior High School; or act anything thereon.

Ginny Landis told the Board that the State, recognizing increased costs due to inflation, has upped the maximum allowable cost by $1 million.  This money will have to be appropriated and will then be reimbursed by 79%.

 

Ms. Landis said the money could be used to replace the roof on the 1955 building.

 

Jim Thomas, Moderator, expressed concern with the wording of the Article, saying if it did not pass, it would take away the previous authorization to spend.

 

Judy MacDonald said the Article was drafted by Bond Counsel.

 

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

            VOTED:  To support Article 21.

            Unanimous Vote.

 

Article 22

 

To see if the Town will vote to appropriate $700,000 by to purchase a conservation restriction for protection of public water supplies with respect to land on and off Miller Street, Middleborough, MA  believed to be owned by Edward Parks shown as Lot 3769 on Assessors’ map 099, containing 211 acres more or less; to meet this appropriation to authorize the Treasurer with the approval of the Board of Selectmen to borrow $700,000 under Chapter 44 of the General Laws or any enabling authority; and to authorize the Board of Selectmen to purchase on behalf of the Town, a conservation restriction with respect to such land on such terms and conditions as the Board determines, provided, however, that the borrowing authorized hereunder shall be contingent upon approval by the Commonwealth of Massachusetts of a grant application by the Town for a grant by the State to the Town in the amount of $330,000.00 in connection with the conservation restriction; and provided further, that the Commonwealth of Massachusetts and/or an agency of the Commonwealth of Massachusetts and the Nature Conservancy may be grantees and parties with enforcement authority under the conservation restriction in addition to the Town; or act anything thereon.

 

This Article will preserve the land in South Middleborough owned by Edward Parks.  It is contingent upon the Town receiving $330,000 in grants. 

 

Ruth Geoffroy explained that the land is a contributory to the Town’s best drinking well.  The land would support 330 homes under a Chapter 40B application.

 

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

            VOTED:  To support Article 22.

            Unanimous Vote.

 

Article 23

 

To see if the Town will vote to amend its Zoning Bylaw and Zoning Map to change the zoning of the land encompassing the so-called St. Luke’s Hospital, as shown on Assessor’s Map 50N Lots 5216 & 5273, from its present zoning of Business District and Residence B District to Business District for the entire site, or act anything thereon.

 

Ms. Geoffroy explained that this Article will zone the entire parcel of former St. Luke’s Hospital as business zoned.

 

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

            VOTED:  To support Article 23.

            Unanimous Vote.

 

Article 24

 

To see if the Town will vote to accept Dons Way as a Town way as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the way as shown on the road layout plan, on file with the Town Clerk entitled “Don’s Way R.O.W. Acceptance Plan in Middleboro, Mass.”, dated May 31, 2006, drawn by Turning Point Survey Co., Inc., and any related easements, or act anything thereon.

 

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

            VOTED:  To support Articles 24 – 27.

            Unanimous Vote.

 

Article 25

 

To see if the Town will vote to accept Heritage Crossing as a Town way as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the way as shown on the road layout plan, on file with the Town Clerk entitled “Roadway Layout Plan in Middleborough, MA – ‘Heritage Crossing Subdivision’ – Heritage Crossing”, dated January 18, 2006, drawn by Azor Land Sciences Inc., and any related easements, or act anything thereon.

 

Article 26

 

To see if the Town will vote to accept Primrose Lane and Jenny Way as Town ways as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the ways as shown on the road layout plan, on file with the Town Clerk entitled “Prelude Estates Definitive Subdivision – Middleboro, MA – Street Layout Acceptance Plan – Primrose Lane & Jenny Way, Middleboro, MA” dated August 16, 2006 revised August 24, 2006, drawn by Gallagher Engineering, and any related easements, or act anything thereon.

Article 27

 

To see if the Town will vote to accept Greystone Way & Granite Road as Town ways as laid out by the Board of Selectmen and to authorize the Selectmen to acquire by eminent domain or by gift the fee in the ways as shown on the road layout plan, on file with the Town Clerk entitled “Acceptance/Layout Plan – Greystone Way & Granite Road – “Greystone Estates” – A Chapter 40B Development in Middleborough, MA - (Plymouth County) – Prepared for Greystone Realty, Inc.”, dated January 11, 2006 revised through July 11, 2006, prepared by John W. Delano and Associates, Inc., and any related easements, or act anything thereon.

 

Article 28

 

To see if the Town will vote to transfer to the Board of Selectmen the care, custody, management and control of certain land off Fairview Street and off Water Street in Middleborough shown as Lot 2386 on Assessors Map 58H and being part of the land described in a deed recorded in the Plymouth County Registry of Deeds in Book 2521, Page 362, for the purpose of sale, and to authorize the Board of Selectmen to sell the land on such terms and conditions as the Board determines, or act anything thereon.

 

Mr. Healey explained that a Title Search has shown that the Town owns a parcel of land off of Water Street and Fairview Street.  This land could be valuable to abutters.

 

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

            VOTED:  To support Article 28.

            Unanimous Vote.

 

Article 29

 

To see if the Town will vote to amend its Zoning By-Law by:

 

1.                  Adding the following subsections at the end of Section II (Definitions):

k.                  As used in this by-law earth removal shall be defined as stripping, excavating or blasting earth from a lot or carrying earth away from a lot.

l.            as used in this by-law earth shall be defined as all forms of soil        including but not limited to loam, sand, gravel, clay, peat, hardpan     and rock.

 

        2.        Adding the following subsection as permitted use in residence districts at the                                                end of Section IV-A-1:

                  h.         Earth removal on premises owned by a municipality.

 

Articles 29 & 30 will allow the Town to sell gravel from the Fuller Street property that was purchased by the Town in 2001.  It was originally going to be used for a well, or standpipe.  After exploration it was found that this would not be adequate.

 

Mr. Healey said there is about $4 million work of good gravel.  $1.4 will be reimbursed to the Water Enterprise System.  The land could be used for playing fields and a possible future school site.

 

Discussion ensued on the item allowing earth removal on premises owned by a municipality.

 

Selectman Bond was concerned that other municipalities could purchase land and excavate it.

 

Mr. Healey said there had been additional language saying it would have to be for a municipal purchase.

 

Selectman Bond suggested it should say owned by “this” municipality.

 

Neil Rosenthal said allowing the lot of gravel to be mined “opens up a kettle of worms”.  He said it would allow a town to purchase land for mining.

 

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

            VOTED:  To support Articles 29 & 30, subject to amendment of the article in the          motion to include the appropriate language being offered by the Board, changing        it to “this” municipality and adding back the       provisional language, and deletion of           “stripping, excavating, or blasting earth”.

            Unanimous Vote.

 

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

            VOTED:  To change the subsection letter “h” to “i”, subject to review by the     Town Manager.

            Unanimous Vote.

 

Ms. Geoffroy said someone will have to be present at the hearing on the 24th to present the article.

 

Article 30

 

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for legislation to authorize the use of certain property owned by the Town of Middleborough located on and off Fuller Street and on and off Plympton Street in Middleborough and bounded and described in a deed of Annamarie Barnhart dated September 30, 2002 recorded in the Plymouth County Registry of Deeds in Book 23007, Page 244 and in an Order of Taking dated October 7, 2002 and recorded in said registry in Book 23193, Page 343 and property bounded and described in a deed of Jonathan D. White, Trustee of Preserve Realty Trust dated October 1, 2002 recorded in said registry in Book 23007, Page 258 for purposes other than public water supply protection/aquifer protection and public water supply storage, or act anything thereon.

 

 

 

Article 31

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of engineering, surveying, design and permitting services in connection with expansion of the parking lot at the Senior Multi-Service Center on Plymouth Street, or act anything thereon.

 

Selectman Spataro made a motion to take this money from the COA Trust Fund.  It was not seconded.

 

Selectman Andrews was concerned that Ted Lang did not have any idea how much it would cost to actually construct the parking lot.

 

Mr. Lang said he has been in touch with the Army National Guard who he hoped would undertake a lot of the project as a community project.

 

Chairman Perkins said he supported the article as written because it needs to be done.

 

Upon motion by Selectman Bond and seconded by Chairman Perkins, the Board

            VOTED:  To support Article 31 as written, by borrowing, subject to receiving 3            RFPs and a not-to-exceed amount of $27,000.

            VOTE 3 – 1 (Selectman Andrews opposed)

 

Article 32

 

To see if the Town will vote to raise and appropriate the sum of three hundred thousand dollars ($300,000.00) by borrowing under General Laws, Chapter 44, Section 8, for the purpose of  purchasing and replacement of water gate valves throughout the water distribution system, and to meet this appropriation, to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $300,000.00, under General Laws, Chapter 44, Section 8, and to provide that the debt shall be paid from Water Department revenues, or act anything thereon.

 

Articles 32 through 35 are Water Department borrowing articles.

 

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

            VOTED:  To support Articles 32 – 35.

            Unanimous Vote.

 

Article 33

 

To see if the Town will vote to raise and appropriate the sum of twenty-five thousand dollars ($25,000.00) by borrowing under General Laws, Chapter 44, Section 7, for the purpose of replacing the roof shingles on two (2) buildings, and replacing windows in two (2) buildings at the East Grove Street well site pumping station, and to meet this appropriation, to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $25,000.00, under General Laws, Chapter 44, Section 7, and to

provide that the debt shall be paid from Water Department revenues, or act anything thereon.

 

Article 34

 

To see if the Town will vote to raise and appropriate the sum of three hundred and sixty thousand dollars ($360,000.00) by borrowing under General Laws, Chapter 44, Section 8, for the purpose of water main replacement in Forest Street, Old Center Street, Southwick Street, and Cherry Street and to meet this appropriation, to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $360,000.00, under General Laws, Chapter 44, Section 8, and to provide that the debt shall be paid from Water Department revenues, or act anything thereon.

 

Article 35

 

To see if the Town will vote to raise and appropriate the sum of seventy-five thousand dollars ($75,000.00) by borrowing under General Laws, Chapter 44, Section 8, for the purpose of doing the following work at the East Grove Street well site: replacement of main flow meter; installation of vault for house main flow meter; replacement of existing control panel with new equipment; replacement of existing rate of flow and head loss measuring instruments in filter plant control building; replacement of control valves in filter plant; structural repairs to the coke filter tank; and replacement of the vacuum tank and pump priming valves in the main plant building, and to meet this appropriation, to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $75,000.00, under General Laws, Chapter 44, Section 8, and to provide that the debt shall be paid from Water Department revenues, or act anything thereon.

 

Article 36

 

To see if the Town will vote to accept Section 65 of Chapter 44 of the General Laws which authorizes payment to officers and employees of vacation pay in advance, or act anything thereon.

 

Motion was made by Selectman Andrews and seconded by Selectman Bond, not to support Article 36.

 

It was explained that the advanced payment is for earned vacation time.

 

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

            VOTED:  To support Article 36 subject to an explanation being given at Town Meeting.

            VOTE 3 – 1 (Selectman Spataro opposed)

 

 

 

 

Article 37

 

To see if the Town will vote to raise and appropriate and/or transfer $225,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of purchasing a Brush breaker to replace the 1955 Brush breaker (Forest Fire 3) that has been out of service for twelve years for the Fire Department, or act anything thereon.

 

Selectman Bond asked what’s been done for the past 12 years.

 

Chief Silva said he has been “piecing together” trucks that we have.  The trucks last around 20 years and this would be a great investment.  He said he had withdrawn this from the Annual Town Meeting in hopes that there would be funding at the Fall Town Meeting.

 

Mr. Healey noted that this is a borrowing article.

 

Pat Rogers, Chairman of the Capital Planning Committee, said this item has been on their list for the past 7 – 9 years.  The CPC supports the request.

 

Chairman Perkins noted the next two (2) articles are looking for $80,000 through borrowing.

 

Chief Silva said these could wait until the Annual Town Meeting.

 

Chairman Perkins noted that one of the trucks has a pump that is leaking.

 

Chief Silva said the leaks have been fixed and have passed inspection.  There is $5,000 left for repairs for the remainder of the year.

 

Chief Silva said personnel is his first priority.

 

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

            VOTED:  To support tabling Article 37 until the Annual Town Meeting, at which           time the Board will reconsider.

            VOTE 3 – 1 (Selectman Bond opposed)

 

Article 38

 

To see if the Town will vote to raise and appropriate and/or transfer $29,400.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of renovation to the Squad, or act anything thereon.

 

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

            VOTED:  To table Articles 38 & 39.

            Unanimous Vote.

 

Article 39

 

To see if the Town will vote to raise and appropriate and/or transfer $49,500.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of renovation to Engine Two (2), or act anything thereon.

 

 

Article 40

 

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for legislation to authorize the Town to grant a partial release of an existing Conservation Restriction which was granted to the Town by The Old Colony, Inc. dated August 19, 1996 and recorded in the Plymouth County Registry of Deeds in Book 14737, Page 121, relating to land off of East Grove Street in Middleborough, such partial release to release from the Conservation Restriction a part of the land which is subject to the restriction, and to authorize the Board of Selectmen and Conservation Commission to release from the Conservation Restriction a portion of the land which is subject to the restriction on such terms and conditions as they determine, or act anything thereon.

 

Mr. Healey said this Article is not needed at this time.

 

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

            VOTED:  To table Article 40.

            Unanimous Vote.

 

Article 41

 

To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to authorize the Town to convey two parcels of conservation land in Middleborough shown as Lot 2175 and Lot 3665 on Assessors Map 110 located on and off Wareham Street and being a portion of the real estate described in a deed of William A. Byrne and Jean M. Byrne recorded in the Plymouth County Registry of Deeds in Book 10517, Page 090 in exchange for other land in Middleborough located on and/or off Plymouth Street shown as Lot 1746 on Assessors Map 31 and to be acquired and used as conservation and/or recreation land, to transfer the care, management, custody and control of said Lot 2175 and Lot 3665 to the Board of Selectmen and Conservation Commission for the purpose of making conveyance of said Lot 2175 and Lot 3665 in exchange for said Lot 1746 and to authorize the Board of Selectmen and Conservation Commission to make said land exchange on such terms and conditions as they determine, or act anything thereon.

 

This article will petition the courts to convey two (2) parcels of land under the care, custody and control of the ConCom, in exchange for a piece of land on the Nemasket River off of Plymouth Street which would be used as a canoe launch.  The developer would put in a road to serve the development of his property.  This would also provide frontage to the Town’s 10 acres of land, making it developable.

 

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

            VOTED:  To support Article 41.

            Unanimous Vote.

 

Article 42

 

To see if the Town will vote to transfer a sum of money from free cash to the Board of Assessors for the purpose of fixing the tax rate for Fiscal Year 2007, or act anything thereon.

 

This figure will be determined during the next meeting.

 

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

            VOTED:  To support Articles 42 – 44.

            Unanimous Vote.

 

Article 43

 

To see if the Town will vote to raise and appropriate and/or transfer a sum of money from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source to be added to the Stabilization Fund, or act anything thereon.

 

Article 44

 

To hear the report of any committee or officer of the Town, to appoint any committee or take any action relative thereto.

 

Steve Studley asked where the money from the gravel excavation would go.

 

Chairman Perkins said this was premature as nothing has been sold yet.

 

Mr. Healey explained that $1.4 million would immediately be reimbursed to the Water Enterprise Fund.  It will take about 10 years to remove the gravel.  This would divide out to about $300,000 a year which could be used as a new revenue.

 

NEW BUSINESS

 

Request for Approval to Hold 4th Annual “Friends of Coleen” Fun Run/Walk

 

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

            VOTED:  To approve the request of the “Friends of Coleen” for the 4th Annual             Fun Run/Walk to be held on Sunday, October 22, 2006.

            Unanimous Vote.

 

Request to Approve Street Names – E911 Database Coordinator

 

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

            VOTED:  To approve the street names Old Spruce Street and Gates Path for a             new development being constructed off the former Old Spruce Street.

            Unanimous Vote.

 

Request to Fill Position – Police Chief

 

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

            VOTED:  To approve the request of the Police Chief to fill the position of Clerk            which is the result of the resignation of Lori Wyatt.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no new information regarding these items.

12 Highland Street (waiting for decision)

 

Downtown Parking

 

Lakeville IMA

 

 

TOWN MANAGER’S REPORT

 

Mr. Healey read the following from his report:

 

SPECIAL TOWN MEETING PREPARATION

 

Ø           The Supplemental Budget (Article 1) Requests

         Total $782,964.08 (NOT including the GMEG Retro for FY 2005 and FY 2006

 

Ø            Other Money Articles (Articles 2, 3, 8-12, 15-18)

         Total  $384,234.25 (Article 18 is figured at $36,350)

Ø            General Government Borrowing Articles (Articles 6, 14, 19, 21, 22, 31, 37, 38, 39)
Total $2,378,648.00

Ø            Water Department Borrowing Articles (Article 32-35)
Total $760,000

 

The Wastewater Department Article (Article 4) is for $250,000 from Wastewater   Retained Earnings.

 

$782,964.08 + 384,234.25 = $1,167,198.33

 

Our Free Cash has been certified at $828,074.00.  Because we planned to use        some of our Free Cash at the Annual Town Meeting our actual revenue over   expenditures currently is $602,416.58 (see attached).  This leaves us $564,781.75             SHORT of being able to do all the things we have on the Warrant. 

 

           Judy and I, and individual Department Heads are crunching numbers to reduce     this shortfall.  SOME OF THE MONEY ARTICLES MUST BE DONE BECAUSE       THE AUDITORS OR STATE REGULATORS REQUIRE THEM TO BE DONE.           THESE INCLUDE ARTICLES 2, 3, 8, 9, 10, 11 12, 15 AND 16 TOTALING            $207,884.25.  THIS LEAVE US WITH $394,532.33 FOR ARTICLE 1, THE            SUPPLEMENTAL BUDGET ARTICLE. 

 

           The Treasurer/Collector, Judy MacDonald, recommends that ALL BORROWING   ARTICLES BE POSTPONED, except Article 6.  The Stormwater Pollution            Abatement Article that is mandated by the State and contingent on a two-thirds         grant, and Article 14, which is the Chapter 90 Road and Sidewalk Article which is          100% reimbursable.  The Capital Planning Committee met last night and will        meet again before Town Meeting, but has not yet taken a position on these     articles.

 

Chairman Perkins said the Board is once again in the position of making difficult choices because the figure from the Assessors is not yet known. 

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay two (2) bills submitted by the Middleborough G&E    Department in the amounts of $36.44 & 60.75, totaling $97.19.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by The Enterprise in the amount of   $333.19.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of   $10,927.82.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the           amount of $2,890.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by the MMA in the amount of $140.

            Unanimous Vote.

 

OTHER

 

CORRESPONDENCE

 

v     The Board reviewed correspondence from Rich Pavadore in regards to an IWS computer that was purchased for the Police Department.

 

v     Correspondence from Senator Marc Pacheco concerning the Local Preparedness Grant Program was referred to the Police Chief and Fire Chief.

 

Mr. Healey said he would have the Chiefs report back to the Board.  He said, as far as he knew, all proper paperwork had been supplied.

 

v     The Board received a copy of a legal notice of a Public Hearing to be held by the Lakeville Planning Board regarding the application of Oxford Development, LLC for Plan Approval under the 40R “The Residences at Lakeville Station Smart Growth Overlay District” to construct a 204 unit development.

 

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

            VOTED:  To request that the Planning Board assign Ruth Geoffroy to attend     this meeting to express any concerns on behalf of the Town of Middleborough.

      Unanimous Vote.

 

v     The Board received correspondence from the ‘Wine Merchants & Concerned Citizens for SAFETY’ in regards to Question 1. 

 

Chairman Perkins said he felt the Board should not be taking a position on this.

 

Selectman Spataro asked if the Board would be supportive of him working with the Board’s Secretary to send a note to abutting towns to see whether or not there are any services that they might have an interest in sharing.

 

Chairman Perkins said that the suggestion might be premature, explaining that the newly formed Plymouth County Selectmen’s Association has begun to look at these issues.

 

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

VOTED:  To adjourn at 10:55 PM.

            Unanimous Vote.

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN