SELECTMEN’S MEETING

SEPTEMBER 12, 2005

 

 

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

 

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

Selectman Wiksten was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of August 29, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of August 29, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of August 31, 2005.

            Unanimous Vote.

 

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

VOTED:  To approve the Executive Minutes of August 31, 2005, as amended by Selectwoman Brunelle.

            Unanimous Vote.

 

 

HEARINGS, MEETINGS & LICENSES

 

Hearings – Failure to Obtain Stable License (MGL 111 §155):  Mike & Lynn Parks, Dan Moffard, Mitchell & Kimberly White, Jen Hartman

 

Chairman Perkins said that the Board had been notified that several residents had failed to obtain a Stable Permit for this year.  These residents were contacted by certified mail to meet with the Board to give an explanation.

 

Chairman Perkins noted that four (4) letters were sent; two (2) were accepted, and two (2) were refused.

 

Jen Hartman and Dan Moffat, who refused the certified mail, were not present.

Mike & Lynn Parks were also not present.

 

 

Mitchell & Kimberly White were present.

 

Mr. White explained that he “hadn’t gotten around to getting the permit yet”.

 

Selectwoman Brunelle asked when Mr. White intended to do so.

 

Mr. White said as soon as possible.

 

Selectman Bond asked how long Mr. White has owned horses.

 

Mr. White said about 1 ˝ years.  He said he had applied for a Building Permit for the barn, but had not been told he needed a Stable Permit.  He questioned why horses had to be licensed when sheep and goats aren’t required to be.

 

Selectwoman Brunelle explained that it is a State law.

 

Selectman Bond asked if Mr. White intended to get the permit within 30 days.

 

Mr. White said he would have to find time to have an inspection done on his property.

 

Chairman Perkins said that there are numerous horse owners who manage to get in and get their permit.

 

Bart Harrison, Animal/Health Inspector, said there are about 145 Stable Permits that have been issued.

 

Mr. Healey asked how many residents obtain their permit by mail.

 

Mr. Harrison said all of them.

 

Mr. White explained the problem is trying to arrange a time for an inspection of his property.

 

Mr. Harrison said he has been more than flexible, offering to make arrangements on weekends.

 

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

VOTED:  To allow Mitchell and Kimberly White 30 days to obtain a Stable Permit, if the Permit is not obtained, Town Counsel will be notified to enforce a $5.00 penalty.

            Unanimous Vote.

 

Selectman Bond asked how Mr. Harrison knew that Mike & Lynn Parks own the horses at 294 Miller Street.

 

Mr. Harrison said it had come to his attention that it is Mr. Parks’ father’s property, but he had been told by Mike and Lynn Parks that they own the horses.  He said previous permits had been issued, but not since 2003.  He requested the $30.00 renewal fee be charged for both years.

 

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

VOTED:  Individuals who have to obtain a Stable Permit as required under MGL Chapter 111 §157, should also pay any past renewal fees, or initial permit fees, as appropriate.

            VOTE 3 – 1 (Selectman Andrews opposed)

 

Mr. Harrison told the Board that the Hartmans haven’t obtained a Permit since 2001, the Moffarts since 2004, and the Parks since 2003.

 

Selectwoman Brunelle asked if there was any indication on why they were not obtaining the Permits.

 

Mr. Harrison said no.  He also told the Board that he is working on a list of other individuals who do not have a Permit.

 

Mr. Harrison said that all residents who acquire a Stable Permit have been charged for any previous Permits that they had not applied for.

 

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

VOTED:  To grant amnesty of the $5.00/day violation fee to the individuals who have come current previous to tonight’s meeting.

            Unanimous Vote.

 

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

VOTED:  To send notice to Town Counsel to enforce a $5.00 per day fine through a criminal complaint filed in the Wareham District Court for failure to obtain a Stable Permit as required under MGL Chapter 111 §157 for the following residents:

1.         Jen Hartman                             39 Village Squire Crossing

2.         Dan Moffard                            12 Highland Street

3.         Lynn & Mike Parks                  294 Miller Street

            Unanimous Vote.

 

Selectwoman Brunelle clarified that, if Mr. White obtains his Permit within 30 days, he will not be subject to the $5.00/day charge.

 

Mr. Harrison told the Board that the initial fee is $50, and the renewal fee is $30.

 

Selectwoman Brunelle explained that the Board, through a Town Meeting vote, is authorized to regulate the fees.

 

Selectman Andrews cautioned the Board to remain friendly to the equine community.

 

Selectwoman Brunelle noted the total disregard of residents who have been notified.  She also said that the Board is no less vigilant for dog licensing.

 

Hearing (cont.) – Request to Accept Road Layout – Colarusso Drive & Sadies Path

 

Chairman Perkins noted a letter from the Planning Board recommending favorable action on the layout and acceptance.

 

Chairman Perkins read a letter from the Planning Board regarding the concerns of Nancy Parks for drainage on her father’s property.

 

Ms. Parks told the Board that she had spoken to Ruth Geoffroy concerning the water coming off of Colarusso Drive to her father’s property.  She said, as of yesterday, the swale had not been taken care of.

 

Chairman Perkins noted that the Board was in receipt of a copy of a letter sent, certified mail, to the Planning Board by Ed Parks on July 12th outlining the same problems.

 

Chairman Perkins also read a letter from the Planning Board to Mr. Parks:  “Dear Mr. Parks:

 

The Planning Board is in receipt of your attached referenced letter.  This letter listed five reasons why you thought the Planning Board should vote to declare Colarusso Woods Subdivision incomplete.  These issues were discussed at the Planning Board meeting held July 26, 2005.

 

1.      The area behind 6 Sadie’s Path was not altered during the construction of this site.  Therefore the same flow patterns are present, whatever is flowing to Gibbs Place and onto your property has not been changed.

 

  1. The Detention Basin at the east end of Sadie’s Path was designed to replicate pre-development sheet conditions.  The basin has been constructed with a level spreader which allows for the discharge of water at the same rate as prior to construction.  Because you have raised concerns in the past, in addition to the level spreader, the basin has been tied into the drainage system at Brookside Estates to improve and eliminate any future problems.

 

  1. The swale, as part of the drainage system at Brookside Estates, was not constructed per design.  After the swale was constructed the Brookside Estates Developer was made aware of this and is in the process of rebuilding the swale per design plans.  This should alleviate any flooding problems.  As far as the impeding the use of the right-of-way.  The right-of-way is clearly overgrown and has not been used in many years.  Should access to this easement be required in the future, a culvert could be installed to allow access. 
  2. Additional boulders were removed from Gibbs Place on July 14, 2005.

 

  1. The developers engineering services were provided by Senna Fitzgerald Gilbert Associates, Civil Engineers & Land Surveyors, 28 Main St., Lakeville, MA  02347.  The Town of Middleborough Planning Department’s consulting engineer is Atlantic Design Engineers, L.L.C., Engineers and Environmental Scientists, P.O. Box 1051, Sandwich, MA  02563.   

 

Sincerely,

 

Barry Heidke

Chairman

 

Selectwoman Brunelle noted that correspondence from the Planning Board indicates that the swale is part of a drainage system at Brookside Estates, which is separate from Colarusso Drive.

 

Ms. Parks agreed.

 

Chairman Perkins noted whether or not the Board approved the layout, would not help her situation.  He said Brookside Estates is an ongoing project, and he didn’t see the relevance with tonight’s request.

 

Ms. Parks said water is coming from the development and not being taken care of.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the layout of Colarusso Drive and Sadies Path as recommended in a letter from the Planning Board dated August 30, 2005, and to note issues addressed by Edward Parks are not associated with Colarusso Woods, but another piece of property in the subdivision process known as Brookside Estates.

            Unanimous Vote.

 

Hearing (cont.) – Request to Accept Road Layout – Metacomet Road

 

Chairman Perkins noted a letter from the Planning Board recommending favorable action on the layout and acceptance.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the layout of Metacomet Road as recommended in a letter from the Planning Board dated August 30, 2005.

            Unanimous Vote.

 

Hearing (cont.) – Request to Accept Road Layout – Lewis Gordon Circle & Roosevelt Avenue Extension

 

Chairman Perkins noted a letter from the Planning Board recommending favorable action on the layout and acceptance.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the layout of Lewis Gordon Circle & Roosevelt Avenue Extension as recommended in a letter from the Planning Board dated August 30, 2005.

            Unanimous Vote.

 

Hearing (cont.) – Request to Accept Road Layout – Saddleworth Way, Chadderton Way & Pendleton Court

 

Chairman Perkins noted a letter from the Planning Board recommending favorable action on the layout and acceptance.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the layout of Saddleworth Way, Chadderton Way, and Pendleton Court as recommended in a letter from the Planning Board dated August 30, 2005.

            Unanimous Vote.

 

Meeting with Police Chief – RE: Request to Allot Funds for E911 Database Coordinator

 

Police Chief, Gary Russell, was present.

 

Selectwoman Brunelle explained that she had asked the Chief to come in regarding his request to fund the E911 Database Coordinator position.  She noted the Board’s confusion with a letter that had been received at the same time, which was signed by the E911 Database Coordinator, Sylvia Huffnagel.  Selectwoman Brunelle asked the Chief if Ms. Huffnagel was still working.

 

Chief Russell could not explain how her signature was on the letter, but said she has not worked since being laid off in July.

 

Chief Russell told the Board that he had thought the officers could enter the data in place of Ms. Huffnagel.  He said he did not know the entire process, and said his officers, and the part-time clerks, can not keep up with the requests.

 

Chairman Perkins asked if the Chief had money within his budget to fund the position.

 

Chief Russell said no.  He said he understood the situation, but said this was a necessary item.

 

Mr. Healey noted that he has asked Department Heads who are asking for articles to restore positions, to do so on a separate list for Town Meeting approval.  He said the money would be first used to balance the budget.  Any remaining money would be utilized as decided by the Selectmen and the FinCom.

 

Selectwoman Brunelle said, initially, when preparing for the Annual Town Meeting, all departments submitted budgets based on certain criteria and guidelines.  She noted a discussion prior to Town Meeting that, absent gross errors, Department Heads would have to live with those budgets for at least 1 year.  She said there are new issues to deal with, including rising gas prices.  She said she was concerned with supplemental budget requests for the Special Town Meeting without knowing what cash will be available.

 

Chairman Perkins said he agreed with Selectwoman Brunelle.  He said Department Heads knew the situation, and he did not see anything changing for the fall.  If there is more money, he would be in favor of putting it towards public safety before going to other places.

 

Selectwoman Brunelle suggested the Chief review his budget, and send a letter to the Board if he comes up with the necessary money.

 

Meeting with Waste Management Advisory Committee (WMAC) – RE:  Landfill Contract

 

Pat Rogers, Chairman of WMAC, and members of the Committee were present.

 

Mr. Rogers thanked the members of the committee, who included, Bruce Atwood, Ted Pratt, Anders Martenson, Jr., Neil Rosenthal, Neil Kilpeck, Len Ruprecht, the Highway Superintendent, the Town Manager, and Attorney John Giorgio, who was hired to assist and provide legal advice to the Committee.

 

Chairman Perkins noted that this was not a public hearing.  He said negotiations have been ongoing for 2 years, and he hoped the public had had opportunities to put its feedback in the process.  He said the Board will listen to the report of the Committee, and then take action.

 

Mr. Rogers outlined the Committee’s work over the past 26 months, which had been authorized by a Town Meeting vote.

 

Mr. Rogers presented the following information in regards to the proposed Contract:

 

1.         The Town will be paid a tipping or royalty fee for solid waste tonnage brought into the landfill at a rate of $ 5.25 a ton or approximately $ 180,000.00 annually.

 

2.         Reimbursement will be provided to the Town of construction and engineering costs related to the capping of Phase 1 and for the new construction of the Phase 2 section of the landfill ($ 2,993,212.00). These funds can be used to pay off the construction costs associated with these improvements. 

 

3.         Reimbursement will be provided for engineering costs for construction quality assurance, construction management and engineering to complete the closure of Phase 1 and construction of Phase 2 in the amount of $ 385,000.00. These funds can be used to pay off costs incurred from this work.

 

4.         Payment of $ 251,026.00 for purchase of the Town's existing landfill equipment. It should be noted that bond counsel and Town Treasurer recommends that this money must go towards purchase of Highway or Sanitation Department equipment.       

 

5.         Up to $ 75,000 annually will be provided for the hiring of an independent Town Monitor. 

 

6.         Waste Management of MA (WMMA) will provide a Financial Assurance Mechanism (FAM) bond to assure capping of the new Phase 2 section is performed, and that funds are available to monitor ground water quality for up to 30 years once this section of the landfill is filled. The FAM is required to meet Commonwealth of Massachusetts Department of Environmental Protection (DEP) landfill operational requirements.

 

The WMAC evaluated the need to insure on and off site liability and remediation responsibilities that go beyond the FAM requirements set forth by DEP. There was a consensus that insurance may be too costly and not adequately protect the Town of Middleborough for this possibility.

 

7.         The landfill's existing FAM in the amount of over $ 1,935,477.00 will be released for use by the town. However, a portion of these monies will be required to be withheld in order to ensure that funds are available to deal with existing issues. Issues that may equire funding in the future are outlined later on in this correspondence.

 

8.          WMMA will assume all operational, maintenance and management requirements at the landfill site. This includes engineering, regulatory permit requirements and upkeep at the site along with any required upgrades from a passive to an active gas collection system.

 

9.         WMMA will provide liability insurance at the landfill as outlined in the contract.

 

10.       The three (3) town landfill employees are no longer required to be utilized by the Sanitation Department. Shifting these employees to the Highway Department will result in a budget change to the Sanitation Department of over $ 150,000.00.  The contract provides for the following landfill privileges to our residents - at no charge to the Town:

 

11.       Town residents, with the purchase of a permit may deposit at the landfill construction and demolition (C&D) six days a week. The Town does not pay for this service for up to 120 tons per week.

 

12.       The Town may continue to deposit at the landfill, wastewater sludge, and catch basin cleanings as part of the annual tonnage.

 

Highway Department sweepings from our roadway systems may be deposited at the landfill, but do not count as part of the Towns tonnage.

 

13.       WMMA assumes the management of the towns recyclables collected by town forces and brought to the landfill, as well as residential recyclable materials brought to the drop off center at the landfill.

 

14.       WMMA assumes the operation, maintenance and management of the Residential Recyclables drop off center at the landfill.

 

Residents will be provided a free sticker to enter the Residential Recyclables Drop Off Center. 

 

15.       The landfill will continue to accept bulky items for which a fee is charged. WMMA will collect and retain the fees.

 

The WMAC suggests that a portion of the available money in the Financial Assurance Mechanism account be set aside in the following manner;

 

16.       A Highway Department Clean Up Fund be established in the amount of $10,000.00, to be replenished through Town Meeting Action from revenues obtained from landfill payments. The purpose of the fund is to provide the Highway Department with monies to clean up and dispose of trash from illegal dumping.

 

17.       The Town of Middleborough has a continued defined legal responsibility for the old unlined and capped section at the landfill site and the newly capped Phase 1 section.

 

If the Town were to assume operational management of the landfill, the Town would be responsible for establishing a FAM. We recommend that the Town maintain in the existing FAM account an approximate amount of $ 800,000.00. These monies could be used for post monitoring requirements for the unlined/capped and Phase 1        sections of the landfill. This amount could be reduced annually by about $ 25,000.00.

           

18.       In the future, the Town could be required to install a pretreatment gas collection system ($600,000) in the old/unlined and Phase 1 sections of the landfill that will supplement the existing passive gas collection system. The Board should consider putting aside up to $ 300,000.00 in a landfill account for this purpose for up to five (5) years. Annual monies could be set aside ($ 75,000 a year) from landfill revenues for up to four (4) years. Upon completion of set aside monies, the need for this pretreatment system should be evaluated along with the potential to release these funds for use by the Town.

 

19.       As stated earlier, monies obtained from the sale of the town's landfill equipment to WMMA ($251,026.00) must be used to purchase other highway department equipment.  It is suggested that the town use part of these monies purchase new recyclable trucks and other equipment needed by the Town Sanitation and Highway Departments.

 

If these recommendations were followed, the Town would have approximately $825,477.00 available for immediate use.

 

In addition, the Board could consider bringing a civil bylaw before Town Meeting to penalize illegal dumping and to levy a fine of up to one thousand dollars ($ 1,000.00). Presently, criminal bylaws levy a fine of up to $ 300.00.  A sticker program needs to be established to provide residents with a free sticker for access to the Residential Recyclables Drop off Center at the landfill.

 

In order to ensure that area residents have access to a sounding board for issues that may arise, the WMAC has included in the contract:

 

·        A landfill advisory committee composed of five (5) residents who reside in the vicinity of the landfill, along with two (2) town officials.

·        A Customer Service Survey requirement

·        A phone system hot line to respond to complaints

·        A Due Process and Fines System for violations of the Contract or Operational parameters.

 

Attorney John Giorgio, Kopelman & Paige, was present.  He told the Board that he has served as Special Counsel, assisting the WMAC with negotiations.  He said he approves the Contract as to form, and advised that, per Town Meeting vote, the Board of Selectmen has the authority to enter into the Contract.

 

Attorney Giorgio said, with his experience and opinion, the Contract provides reasonable allocation of risk for the Town handling over the operation of the Landfill to a private party.  He said Waste Management (WM) would assume the liability and risk associated with the Landfill.  The only exception would be for any liability arising in the future with respect to Phase 1.  He said WM is reimbursing the Town for the full cost of closing Phase 1 in accordance with DEP regulations.

 

WM will assume full obligation for Phases 2 and 3, in accordance with DEP requirements, and will indemnify the Town.

 

Attorney Giorgio said several “protections” are built into the Contract, including a Performance Bond for $425,000, and insurance, including environmental at $10 million.  Liquidated damages can be charged to up $500,000 per violation.

 

Attorney Giorgio said any fines or penalties levied by State agencies in the future will be the responsibility of WM.  He said he is confident that the Contract reasonably protects the Town.

 

Chairman Perkins expressed concern on guaranteeing insurance.  He asked what recourse the Town would have if it becomes unavailable.

 

Attorney Giorgio said it would be a potential dispute that would not relieve WM to operate the Landfill.

 

Selectman Bond asked if the Town would be insured as a third party.

 

Attorney Giorgio said there are a variety of types of insurance required, including, third party, general, and environmental.

 

Chairman Perkins said the Town would assume a major risk for out of pocket expenses if this were disputed.

 

Attorney Giorgio said that, if the Town could demonstrate default, it could terminate the Contract.  He said, however, in reality the Town wouldn’t want to “padlock the door”, but go to Court.

 

Selectwoman Brunelle asked if there was a clause for the Town to collect costs for legal services under enforcement, penalties, or fines.

 

Attorney Giorgio said this is in the Indemnification Provision.

 

Selectwoman Brunelle asked if this included default provisions.

 

Attorney Giorgio said it was not specifically stated, but he would take the position that, if the Town initiates enforcement action, it would include attorney’s fees.  He also cautioned about “blanket” attorney fee provisions, noting it could be a problem for the Town if “the shoe was on the other foot”.  He said the obligation of WM to pay fines and penalties puts the Town in a strong position if going to Court.

 

Selectwoman Brunelle asked what would happen if WM failed to pay a fine imposed by DEP.

 

Attorney Giorgio said the Town, as owner, would be ultimately responsible.  You could go after WM, but money would have to be put up front.  He said the inclusion of recovery of attorney’s fees, by either party, provides an incentive to try to work it out if a dispute arises.

 

Chairman Perkins also noted non-binding mediation as an alternative.

 

Selectwoman Brunelle asked what would happen if WM filed for protection under bankruptcy.

 

Attorney Giorgio said that is a whole different issue.  He said there is the potential that the Town would be without a remedy.  He said this is why you want insurance and a performance bond.  He said it is most important to have funds available for the closure and post closure, even if WM were to file bankruptcy.

 

Mr. Healey also noted that WM would be responsible for compliance of the ACO and ACOP issued by DEP.

 

Selectwoman Brunelle asked why the Town would not charge WM for leachate disposal.

 

Mr. Healey said, right now, the cost is $25,000/year.  He said this was agreed to as part of negotiations because it doesn’t amount to a lot of money.

 

Selectwoman Brunelle asked what would happen if the cost exceeded $25,000.

 

Mr. Healey said that could only happen with a change of law based on total gallonage.  He gave the example of nitrites, which costs about 2 cents/gallon.

 

Selectwoman Brunelle said she was concerned with the total tonnage allotted to the Town for solid waste and residential recyclable materials. 

 

Neil Rosenthal said this amounts to 105 tons per week.

 

Selectwoman Brunelle expressed concern with sludge being included in the tonnage.

 

Mr. Rogers said he believed the Town is well under the amount.  He also noted sludge could be sent elsewhere.

 

Mr. Healey said adjustments could also be made as to what is being charged as Town tons.  Fee based items could come off the list.

 

Mr. Rosenthal said the weakness is that we can’t know how much the Town will grow.  He said we are working with a fixed amount of tonnage, which gives up flexibility.

 

Mr. Healey said that can also be controlled through what is allowed to be brought to the Landfill.

 

Selectwoman Brunelle asked why the Town was being held to $80,000 per year for transportation and disposal of other materials. 

 

Mr. Healey said this could also be controlled, possibly by identifying commercial farming operations and establishing a fee.

 

Discussion ensued on the Town’s recycling program, and the fact that it never made any money.

 

Selectwoman Brunelle said she had a problem with the royalty and tipping fee payment being $5.25 per ton which will not increase until after the fifteenth anniversary of the effective date.

 

Attorney Giorgio said this was an item that was the subject of negotiations.  WM said this was its “last and best offer”.

 

Mr. Rosenthal noted, when the proposals originally went out, these were the only people who came up with anything at that volume.

 

Selectman Bond said the WMAC did an incredible job on the Contract.  He noted that Landfill cannot continue to be run the way it is now.  Therefore, there were 2 options:  Lease it out, or hire someone to manage it.  He asked if the Committee looked at both possibilities.

 

Mr. Rogers said hiring somebody would involve upfront costs to the Town, including purchasing equipment and staffing.

 

It was noted that WM estimates it will make $74 million over the 20 years.

 

Selectman Bond asked if the Town could run it on a smaller scale and still make money.

 

Mr. Healey noted that, under this Agreement, WM also takes all liability.

 

Selectman Bond noted that, originally, it was said nothing would change at the operation, including the hours.  Now the proposed hours are 7:30 AM to 3:30 PM, with a higher level of trucks being used.

 

Mr. Rosenthal explained that, if the Town continued to operate it, it would require many more trucks.  He said WM knows how to maximize the product and minimize the dump cover needed.  He said he believed the quality of life for the neighbors would actually improve with WM.

 

Selectman Bond asked if this deal was done, would the Town be looking for more money in 2 years.

 

Mr. Rosenthal said the Committee never considered the Town’s financial circumstances, only the ongoing costs to continue running it.

 

Mr. Healey added it also considered the best interest of the neighborhood.

 

Bruce Atwood, who opposes the Contract, said it will not be beneficial to the neighbors to have 20 – 30 trucks running 7:30 AM to 3:30 PM.  He said he had asked the company if they could use larger trucks, and have fewer trips.  They never responded.  He said the Committee did an excellent job negotiating, but overlooked the neighborhood.  He said something has to be given to the neighborhood.

 

Selectman Andrews said he is sympathetic to the residents, and the trucking issues, but said he has listened, in the past as a member of the Planning Board, when the Nichols Middle School was built, and when Oak Point was constructed.  He said it is an unavoidable circumstance, and the question should be how to mitigate the impacts of the trucks.

 

Selectman Andrews suggested trucks should not line up before 7:30 AM, no parking on the street, no outside parking, no jake braking, and no engines idling.

 

Selectman Andrews expressed concern with Section 15.3 – ‘Right of Termination Not Exclusive”.  He asked what would happen if WM decided to pull out, with notice, because they were aware of upcoming legislation. 

 

Mr. Healey said the State needs Landfills.

 

Attorney Giorgio said there are specific definitions on why WM would be allowed to “walk away”.  He said the company is making a substantial investment up front, which is a powerful incentive to stay in the Contract to maximize the investment.  He said WM would still be responsible for capping and closing whatever phase they’re in if they walk away.  The Town would have the option to continue to operate, with WM having to pay a proportionate share.

 

Mr. Atwood suggested the truck routes be reviewed, noting that one allows trucks to come down South Main Street to the 4-corners.  He also said there was no thought given to putting in a sidewalk for the children.

 

Beverly Atwood said the Landfill has been there since 1967 when there was not anyone there to complain.  She said the neighbors “need something”.

 

Chairman Perkins said 2 members of the WMAC were previous Selectmen.  He said he has listened to trash problems since Day 1.  He said having a Landfill is an attractor for Middleboro.  He said the major problem is that the Landfill is a “budget buster”.  Because of environmental changes over the past 20 years, the Town no longer has the technical expertise to run a Landfill.  He said we continue to do what we’re told to do, but then end up with a fine.  He suggested language be added regarding the truck concerns to “tighten the Agreement”.

 

Mr. Atwood said he doesn’t want to get rid of the Landfill, but wants the neighbors to have a few rights protected.

 

Selectwoman Brunelle said it seems the major issue is the truck traffic.  She noted that Selectman Andrews had made some good points to mitigate these issues. 

 

Mr. Rosenthal suggested adding a side letter to the Agreement concerning Selectman Andrews’s suggestions.

 

Bob Lessard expressed concern over the definitions of “acceptable solid waste”, and “haulers” vs. “commercial haulers”.  He also asked how many trucks would be hauling cover material in addition to the trucks that will bring items.

 

Attorney Giorgio said a “hauler” is the broadest possible label, and includes commercial haulers.  He said WM can dictate truck routes for haulers, including commercial.  If there are sufficient complaints, WM won’t permit any future deliveries from that hauler.

 

Chairman Perkins also noted there will be a Committee formed to handle complaints.

 

Mr. Healey asked Superintendent for the protocol for safety at bus stops.

 

Supt. Sullivan said the process is to contact the Safety Officer, Sgt. Ben Mackiewicz, who would go out and review the situation.  He would then go back to the Police Chief to make a determination.  A letter is sent to the Superintendent, and the Bus Stop is moved based on those observations.

 

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

VOTED:  To enter into the Agreement with Waste Management, and to instruct the Town Manager to work with the Waste Management Advisory Committee and Special Town Counsel to continue to exercise due diligence to prepare the signature copy of the Agreement for execution by the Board.

VOTE 3 – 1 (Selectman Bond opposed)

 

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

VOTED:  To amend the motion to instruct the Waste Management Advisory Committee to come back to the Board of Selectmen with a recommendation regarding truck issues, to be included in the Contract.”

VOTE 3 – 1 (Selectman Bond opposed)

 

Neil Kilpeck asked if an alternative road, through Carver, had been considered.

 

It was explained that the road he was referencing was private property, and any changes would also need DEP approval.

 

 

 

 

 

 

NEW BUSINESS

 

Request to Release Bond – AGS Development Corp.

 

Mr. Healey recommended approval of this request, noting it was a 2 year bond for water installation on Maple Road.  There have been no problems.

 

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

            VOTED:  To release the Bond to AGS Development Corp.

            Unanimous Vote.

 

Request for Second-Hand License – Jan Russo d/b/a “Baby Me” – 38 Center Street

 

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

VOTED:  To issue a Second-Hand License to Jan Russo d/b/a ‘Baby Me’, for 38 Center Street, 9:30 AM to 4:00 PM, 7 days per week.

            Unanimous Vote.

 

Request to Proclaim “Constitution Week” – Daughters of the American Revolution

 

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

VOTED:  To proclaim the week of September 17, 2005 through September 25, 2005 as Constitution Week.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Supplemental Budget Requests

 

Mr. Healey told the Board that he had held a Department Head meeting this week, discussing the need to minimize spending at this Town Meeting.

 

Road & Drainage Improvement Project

 

Mr. Healey told the Board that this project is scheduled to start in October.  Many of the downtown streets and sidewalks will be redone.

 

Trash Bill & Recycle Only Sticker

 

Mr. Healey provided a copy of a letter regarding trash/recycling fees that will be sent to residents on Friday.  He said he understood the Board had instructed him to put a separate bill for trash, not part of the water & sewer bill, and to prepare a Recycle Only sticker for residents bringing recyclables to the Landfill.

 

Discussion ensued on sending a separate bill.  Chairman Perkins and Selectman Bond said they recalled the Board took a vote to do this.

 

Selectwoman Brunelle noted this was not mentioned in the Minutes of the meeting.

 

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

            VOTED:  To send a separate bill for Trash/Recycling.

            VOTE 2- 2 (Selectman Andrews and Selectwoman Brunelle opposed.  Motion does not carry)

 

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

VOTED:  To ask the Board’s Secretary to review the tape of the August 29th meeting to see if the Board voted a separate bill.

            Unanimous Vote.

 

Selectwoman Brunelle said the Board needs to know the cost of sending a separate bill which will be considerable.

 

Chairman Perkins said the cost of billing is part of the cost-based fee.

 

Fuel Needs this Winter

 

Mr. Healey told the Board that Jack Lucas, Standish Oil Company, had called to say he would be interested in working with the Town to see what can be done to address the needs of families who may need help with home heating fuel costs this winter.

 

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

            VOTED:  To invite Jack Lucas to meet with the Board.

            Unanimous Vote.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the Middleborough Gas & Electric Department for three (3) bills submitted in the amounts of $8.53, $27.92, and $35.78, totaling $72.23.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C., in the amount of $1,897.50.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership, Inc., in the amount of $11,905.03.

            Unanimous Vote.

 

OTHER

 

Computer Hardware/Software Policy

 

Selectman Andrews explained that he had been under the impression that the IT Department was to submit a computer hardware/software policy.

 

Selectman Bond said he had had a discussion with Mr. Brunelle.  He explained that the issue had arose out of the fact that computers were being purchased by different departments through grant money, without consulting the IT Department first.

 

Bob Whalen, Building Commissioner, said Mr. Brunelle had been provided with a list of all printers that his department was considering purchasing.  The printers work in his department, but there is a problem connecting the ZBA to the system because it is an older version computer.

 

Chairman Perkins said this is a classic example of why an audit needs to be done on the IT Department.

 

Chairman Perkins asked Mr. Healey to research where funds might be available to do an audit.  He also suggested talking to the current auditors who should be able to do this.

 

Date for Classification Hearing

 

Discussion ensued on setting a date for the Classification Hearing. 

 

Mr. Healey said $200,000 was used for the Town Meeting in June.  This was the projected Free Cash.  He said the books have not yet been closed.

 

Chairman Perkins said a Classification Hearing can be held whether or not the Free Cash is certified.

 

Selectwoman Brunelle noted that Town Meeting closed using $5 million in Local Receipts, and $200,000 in Free Cash.  She said that savings within the Health Insurance Account could be transferred if needed.

 

Mr. Healey asked if it was the Board’s objective not to spend money at the upcoming Town Meeting. 

 

Mr. Healey said he has been told that, if Free Cash was built in for the Annual Town Meeting, the Classification Hearing cannot be held until it is certified.

 

It was the consensus of the Board to set the date at the next meeting.

 

CORRESPONDENCE

 

v     A ‘Grant Alert’ from DHCD will be forwarded to Bruce Arons.

 

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

 

VOTED:  To send letters to Congressmen Frank and Delahunt thanking them for the action taken on behalf of the community regarding Rte. 44.

Unanimous Vote.

 

v     The Board’s Secretary was asked to remind the Treasurer/Collector that the Board is still waiting for information regarding a ‘multiplier’ for employee benefit costs.

 

v     A vacancy on the Council on Aging Board of Directors was announced.

 

v     Copies of last year’s audit will be put in the Board’s packets for next week.

 

v     A Job Posting for Plumbing/Gas Inspector was announced.

 

v     The Board received a letter from Perry Little asking to be appointed to the Commission on Disability.  Mr. Healey is working on this.

 

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

VOTED:  To ask the owner of The Bottle Shop to meet with the Board regarding their responsibility to card customers.

Unanimous Vote.

 

v     Mr. Healey and Town Counsel are continuing to work on a possible IMA with Lakeville.

 

v     The Board received correspondence from the Town Planner that she does not have the time to review drainage calculations for the Board.  She suggested Atlantic Design Engineers could do this.

 

Mr. Healey said there is no money available to pay for this.

 

Chairman Perkins said this issue had come up in regards to 232 Old Centre Street.  He suggested waiting to hear from Kevin Walker.

 

 

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

VOTED:  To enter into Executive Session at 11:25 PM, not to return to Open Session, to discuss Contract Negotiations.

A poll vote was taken.  Selectwoman Brunelle, Selectman Andrews, Selectman Bond, and Chairman Perkins approved.

            VOTE 4 – 0

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN