Board of Selectmen s12

Board of Selectmen May 27, 2008 Meeting Minutes

Chairman opened meeting at 7:00 PM.

In attendance were Selectmen A. Bond, S. Spataro, P. Rogers and M. Duphily.

Chairman invited those in attendance to join in the Pledge of Allegiance.

NEW BUSINESS Award bid re Water Main Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To award the Wareham Street Water Main bid to Citizens’ Bank in the amount of $975,000.00 at an interest rate of 2.25%, with an estimated total interest of $20,231.25. Unanimous vote.

Commonwealth of MA Standard Contract Upon motion by Selectman Spataro and seconded by Selectwoman Duphily, Board VOTED: To authorize Fire Chief Russell to sign the Commonwealth of MA Standard Contract form between the Middleborough Fire Department and the Department of Fire Service (DFS) for Hazardous Materials Response. Unanimous vote.

Heller & Smith – Payment for Stored Materials Upon motion by Selectwoman Duphily and seconded by Selectman Rogers, Board VOTED: To accept the Heller & Smith and First Sealord Surety Indemnification Agreement dated May 15, 2008.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To authorize Chairman Bond to sign the Heller & Smith and First Sealord Surety Indemnification Agreement dated May 15, 2008. Unanimous vote.

HEARINGS, MEETINGS, LICENSES At 7:05 PM Chairman opened public hearing re Gibbs property. Chairman read aloud public hearing notice as follows: A public hearing will be held by the Town of Middleborough Board of Selectmen in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Tuesday, May 27, 2008 at 7:05 PM to consider whether to exercise the Town’s first refusal option to purchase certain land, with respect to property located at 231 Thompson Street in Middleborough, MA, owned by Richard D. Gibbs and Judith L. Gibbs, Trustees of the Gibbs Irrevocable Trust, which was the subject of a notice of intent to sell dated January 30, 2008, pursuant to MA General Laws, Chapter 61, Section 8.

The land which is to be purchased is part of the property at 231 Thompson Street and contains 12.20 acres of land more or less and is part of the land described in a deed recorded in the Plymouth County Registry of Deeds in Book 25,800, Page 346. Anyone desiring to be heard on this matter should appear at the time and place designated. Chairman closed the hearing at 7:09 PM. Upon motion by Selectwoman Duphily and seconded by Selectman Rogers, Board VOTED: To exercise the option to purchase from Richard D. Gibbs and Judith L. Gibbs, Trustees of the Gibbs Irrevocable Trust, owners, with respect to land at 231 Thompson Street in Middleborough, MA. Unanimous vote. Board of Selectmen May 27, 2008 Meeting Minutes

CORRESPONDENCE Edgeway Realty Trust Chairman explained that the Board received a letter from an Edgeway Park resident expressing concern that they had been charged a fee for a sprinkler system repair and that, in their opinion, they believe that the owner of the park is responsible for said bill. Chairman Bond offered to discuss the ongoing issues with the residents of Edgeway Park, and if the issues appear to need a public hearing, this Board, in its capacity as the Rent Control Board, will hold one. Board members were in agreement.

NEW BUSINESS American Cancer Society (ACS) Relay for Life Chairman read aloud letter provided by the ACS announcing the dates & times of the Relay for Life event along with a contact telephone number that the public may call for more information. Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To authorize placement of the advertisement sign on the Town Hall lawn, as soon as needed. Unanimous vote.

Sachem Street-Relocation (Article 11 – ATM’08) Chairman read aloud Town Counsel’s written recommendation as to how to proceed with this matter. He further read aloud Town Counsel’s explanation as to the difference between fee ownership of the relocated portion of Sachem Street and ownership of an easement for purposes of travel/public way use. Upon motion by Selectman Spataro and seconded by Selectman Rogers, Board VOTED: To acquire the fee in the new portion of the roadway. Unanimous vote.

BILLS Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To approve payment of bill from ADT in the amount of $135.16. Unanimous vote.

Upon motion by Selectman Spataro and seconded by Selectman Rogers, Board VOTED: To approve payment of bill from MMA in the amount of $210.00 Unanimous vote.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To approve payment of bill from MMA in the amount of $40.00 Unanimous vote.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To approve payment of bill from Schwaab in the amount of $13.94 Unanimous vote.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To approve payment of bill from Collins, Loughran & Peloquin, P.C. in the amount of $2,012.50. Unanimous vote.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To approve payment of bill from SouthCoast Media Group in the amount of $4,731.25. Unanimous vote. Board of Selectmen May 27, 2008 Meeting Minutes

Upon motion by Selectman Spataro and seconded by Selectman Rogers, Board VOTED: To approve payment of bill from SEMASS in the amount of $9,940.01. Unanimous vote.

Upon motion by Selectman Spataro and seconded by Selectman Rogers, Board VOTED: To approve payment of bill from Verizon in the amount of $27.37. Unanimous vote.

Upon motion by Selectman Rogers and seconded by Selectman Spataro, Board VOTED: To forward the legal bill from Special Counsel Daley and Witten, LLC, in the amount of $3,506.25 to Town Counsel for payment and if Town Counsel indicates that the Board’s legal account should be charged, payment will be processed. Unanimous vote.

CORRESPONDENCE Board agreed to invite Police Sgt. Charles Robichau in on June 16, 2008 to discuss the Bardon Hill Radio Communication Tower.

Selectman Spataro asked that information be gathered for the public as to Plymouth County Mosquito’s spraying schedule and noted that he would like to offer the information to public through Comcast and Verizon.

Middleborough Public Schools - NEASC Chairman read aloud memo.

At 7:31 PM upon motion by Selectman Spataro and seconded by Selectman Rogers, Board by Roll Call to go into Executive Session to discuss strategy relative to Contract Negotiations. Roll Call: S. Spataro, Yes; P. Rogers, Yes; M. Duphily, Yes; A. Bond Yes. Chairman announced Board will not return into Open Session.

______Jackie Shanley, Confidential Secretary BOARD OF SELECTMEN