Select Board - Regular Meeting

Calling to order the meeting of Select Board. Tonight is Monday, April 2013, sorry, ahead of myself. Please note that this Select Board meeting is being recorded by McCann and is available for public viewing. Pursuant to state law, I must also announce that Alice Elwell does plan to make a recording of this open session. And please join me for the Pledge of Allegiance.

Pledge allegiance to the flag of The United States Of America

We're going to go right into executive session. I'll entertain a motion to enter into executive session to return to open session pursuant to General Law C30A subsection 21A2 if discussing the matter in open session will have a detrimental effect on the Town's litigation position and the Chair so declares. Regarding a discussion vote. So moved. Second. All those in favor?

Roll call. Bill Pike, yes.

Giovanni, aye. White, aye.

Craig McGee, aye.

And the Chair votes, aye.

And this is we're going to be discussing potential land purchase, just so that people know.

All right. Yeah, no, I'm starting to see it. All right. Thank you. Back in session, Jasper.

Thank you though.

Thank you. All right. There were no votes taken in executive session. And at this time, I'll take a motion to approve the appraisal and authorize the interim town manager to execute a purchase and sale in the amount of $210,000 to be paid out of retained earnings and placed on the special town meeting warrant for town meeting 06/01/2026.

So moved. Second.

Discussion Madam Chair? Do you think we need to add some sort of an identifier, perhaps lot one shown on the Form eight Plan of Land?

Spruce Street?

Yep. Dated 10/27/2025.

We'll make sure that Joe gets all the language.

Madam Chair, do you want the lot and map number? Do you have it? The property was for made off the big lot though, right?

Yeah.

Perfect.

114 Lot 1937.

For discussion, madam chair. This is a parcel of land that is located adjacent to the Spruce Street Well, which is one of our best performing wells in town, down in the south end of town, almost into Rochester off Spruce Street. And this property is when I say adjacent to, there's a zone one, there's a circle, just outside of it. I think Spruce Street Well was actually carved out of the original property way back when fifty years ago, forty five years ago. This is an opportunity for us to protect additional land around that well.

And if we ever had to put an adjacent well in next to it to replace it, it would give us that additional area on that zone one to protect. So this is a fine opportunity. We had an appraisal conducted. It was done. We had one done. The town manager's office had it done for us. And this is the, it's like five little over five and a half acres, I think, of property. So it's a it's a opportunity for us to protect some land, and thankful to the family that owns it currently that has made this available to us versus just selling it off as a buildable lot and having a house on it or something like that.

Thank you.

Yes. Well said.

Further discussion on the board? Any comments from the public? All those in favor? Aye. And the Chair votes aye. It is unanimous. And we will be adding that to the warrant. Thank you. Thanks, Mike.

Thank you. Thank you, Michael.

All right. Next item on the agenda, vote to approve the minutes from 04/06/2026.

So moved. Second.

Discussion on the Board.

Thank you very much, Jim. Well done. You're welcome.

All All those in

favor? Aye.

Anyone on the board under announcements and recognitions?

Madam Chair. Yes. I want to thank this board again for a vote that was taken last December providing, the sale of water to Bridgewater. The other the other morning, I got up, turned on the news at 5AM and and saw a horrendous fire on Crescent Street in Middleborough right behind the police station, an old an old house.

In Bridgewater?

In Bridgewater. And, luckily, 01:30 in the morning, someone was driving by and saw the fire and drove in, started beeping that horn and banging on their door. But they were able to fight that fire, and I think that, I I'd say Middleborough had a hand in it. And, when I think of the things that we do to help others, that is exactly what I think of, that they were able to fight that fire. And I would like to think that we had a little part in that.

Yeah. Thank you. Thank you.

Madam Chair, if I can add on to that, Middleborough also helped fight that fire.

Yeah. Yeah. As well as other towns. You're right. Anyone else on the board? Anyone in the public under announcements and recognitions?

Excuse me, Madam Chair? Yes. Do we have that letter to sign after the meeting, Jim,

Yes.

In the fold. You.

All right. Seeing none, under new business, discussion and vote for a propane storage permit for Devaney Energy Inc located at 200 Canopy Drive.

Mhmm. Motion to approve the permit as requested for four one thousand gallon underground propane tanks at 200 Canopy Drive. Second.

Discussion? This Canopy Drive, Chair? Yes. Canopy Drive is across from Truckee's for anybody that isn't sure where Canopy Drive is and 4,000 total with four tanks versus 4,000 BTUs. This has been approved, madam chair, by the fire chief?

Yes. Interim fire chief.

Looking through everything, making sure all the licenses are in. Is anybody here from the audience regarding that permit that would like to speak? Seeing none. Further discussion on the Board? All those in favor? Aye. Chair votes aye. Unanimous. Discussion, new business letter B. Discussion vote on Class two automobile dealer license for Automedic LLC.

Chair would entertain a motion to approve.

So moved. Second. Just looking

through as well, not seeing anything.

So I had some questions on this.

Okay.

So this is going be located at the I call it the Maxim Building over 25 Wareham Street, the big huge building.

Oh, okay.

Is this all indoors? Is there gonna be any outdoors? If there's anything outdoors or places for people to park, we typically require a a sketch of where the parking spots are so we can make sure that we have adequate parking, adequate storage of cars. It seems like it might be inside. I don't know, I really is there applicant

Madam Chair? Yes. From what I read reading the whole thing, it does happen to be all inside. I think it's detailing cars. And then once they're all detailed, they bring it outside for people to see. I don't think there's anything and then they bring it back in.

Right. What you were saying is no outside storage be on permitted zoning. So I don't know exactly what that means. Mean, yes, it's two bays of garage space, but I could put 30 cars in two bays of garage space depending on how big the the bays are.

Mhmm.

I like a little more information on this, I think. I I just think that I mean, I if it's gonna be anything on display outside, we need to show where it is to make sure we have adequate parking and adequate locations for those cars to be displayed outside. That's just my the only thing that I was hung up on. I want to make sure of that. We do that with everybody else.

Jim, do you is this a brand new license? Have they ever been licensed?

Michel had taken it in. I'm I'm not not aware. Okay.

Know there is a business there now that they drive cars all over New England, new cars that are new models to show.

That's automatic. But the same building. Same building?

Yes. Because it's for Automatic LLC.

So I don't know if it's the same owner or if it's leasing. So I agree with Brian that we might need a few more.

Yes. Without anybody here tonight, I would be a little hesitant myself. Madam Chair?

Yes. I noticed the owner of the property to be licensed is 25 Weigham Street, Middleborough Mass. So we don't even know who the owner of the property is.

Right.

According to this application and it's not dated and they definitely should have supplied some sort of a drawing or a plan showing where they plan on displaying the vehicles and how many because you just they need a number, we need to give them a number of how many vehicles they're allowed.

Okay.

So I definitely think we should ask the applicant into our next meeting Okay. And ask them to supply a plan prior to the meeting.

I'm going to rescind my motion to approve and entertain a motion to move this to April 27. So

moved.

Second. Further discussion?

Yeah. The Building 25 is different from the Automatech, which is 15 across from Harper Lane. Okay. So it's a different different building because I know the guy there.

Yeah. Yeah.

No. Different property altogether. Oh. So it's it's it's to the riverside of Lincoln Street that goes out to Jackson Street to the park. Yeah. It's that huge building there.

All right.

I call it the Maxim Building.

It was

a whole Maxim And Madam Chair, they really don't seem to have space to put. That's why when I read it, they were only

So we need more information. And we will we would like to have someone here on the twenty seventh for any questions if they're looking to get approval because it looks like they want to be in business on May 1 and that's their only opportunity. So Jim, can we just ask applicant to clarify some things and then maybe if someone can come to that meeting, would be able to hear them? Yes. Including the plan. Including

sketch at least.

Okay. All right. Further discussion? Anyone in the audience? Seeing, hi Jasper.

Hey Leo.

Hi. So I feel like you should allow lower parking requirements since that would encourage more people to walk or bike there. Since those two forms of transport are a lot more efficient than driving two or three people.

Is that okay. All right. Thank you, Jasper.

You're welcome.

All right. Any further discussion? All those in favor? Aye. The Chair votes aye. All right. Thank you, Jim. Next on the agenda under new business letter C, discussion and vote regarding weekly warrants. Now I had asked for this to be on the agenda simply for the reason that typically warrants are voted for the chair to sign and I did not feel confident or comfortable not having a quick conversation about it since I'm now chair and it was the previous chair that was signing them. I did sign them last week and I know that that was clear and it was fine and I was allowed to.

But again, just for transparency sake, make sure that we vote this or at least have this discussion that as of right now, it is still available to the chair and a designee for up until I believe June, just kind of for the public just to kind of hear that out loud and that I will continue to do it or ask someone else on the board if I'm not available. Sound good?

Madam chair, with regards to the weekly warrants, a long time ago, I'd asked about this, I'd like to get back to it. I'd love nothing better than in the school community, we used have the packet. We'd have the PDF in there. I know they're this that go out, but I'd still love to have that in our packet.

I actually asked the same thing. I asked Greg Corbeau last week, Town Council, if that was something that we could do and he said absolutely, there might be some pieces to it that should be redacted, but that can be easily remedied. But I had the same thought.

Just something on the order of so that people know. I always say, shine a light on it.

Yes, exactly. So I agree. So we I probably should just

Not next week, but we'll

be Exactly. In the Look into how that can look for us. Okay. Sounds good.

It will be a big file.

Yes, it will be.

It's okay.

Yes. All right. So two weekly materials.

You need a motion?

I don't think we need to revote. It is it was voted, but it's just for me to feel a little more comfortable with the public knowing that has transferred to me signing and I can still text Tom if I'm not available or whatever that was Yes, have. Pretty much anyone on this board can because we were all voted in as potential. But it was just for me. So that's

all. One

question, Madam Chair. Bill was or maybe you know, is that a certain date? Do you do that normally on Mondays?

No. So by Thursday afternoon. So I went last Thursday morning. It has to be done. So they can get people can get paid. That's the most important People who work hard.

It's a very interesting thing when you do it too. Certain weeks is different payroll.

All right. Thank you. Next on the agenda, Letter D, discussion vote regarding capital planning rep from the Select Board. Again, that was something I wanted to discuss as previous member of the board is no longer on the board. So we technically do not have a rep right now. So didn't know if anybody was interested.

Madam Chair.

Yes, Mr. Poon.

If need, I would be glad to do it.

So moved. Second.

All right, great. I don't

know if I'd be glad, but I volunteer.

Need to volunteer for

somebody else. Anybody else who had interest and would like to be considered on the Board? All right, seeing none. Thank you for that. Discussion, thank you for that Mr. Pike. I think you'd be a great rep for that. Yes, Finance that's the Committee experience as well.

And I have the time.

Appreciate it. Any discussion or comments from the public? Seeing none, all those in favor? Aye. Thank you, Mr. Pfeit.

You're welcome.

Alright. New business letter e. Vote to terminate the employment contract with the administrative assistant to the select board effective 04/17/2026 pursuant to Article two of that agreement.

So moved.

Do I have a second?

Second for discussion.

Mr. Perkins. Unfortunately, is the first of probably several potential layoffs. This particular situation to contract employee, the employee was still on probation to make this cut now and not have to renegotiate a contract for next year in the middle of a contract that's already signed. Legal counsel said it was best to move before the end of the probation period, inform the employee two weeks at a time that the seventeenth will be her last date.

She's been informed and it's a vote of the Board because you as a Board signed your contract.

Madam Chair.

Mr. Mike.

That probation period was it a six month probation?

I don't know. I just know it ended on April 20.

Okay. Madam Chair. I think it was.

I'd like the public to know this is no reflection on, miss Stott's duties or capabilities. It's just a, someplace we have to cut and someplace we have to cut.

And I would like to thank Michele for her time given to the Board. We do appreciate it. It was definitely a tumultuous time with the departure of the town manager and interim coming in. So I know it was not an easy time. So I do appreciate her time and efforts given and thank her.

And Madam Chair.

Mr. Pike.

And her salary was out of the town manager's budget, correct?

What's that?

It was out of the town manager's budget. Oh, our budget.

Yes. Size of our budget.

So we're cutting our budget, right? Yes. That's okay. Thank you. I just wanted to make that clear.

Any further comments on the Board? Thank

you, you. Michelle.

All those in favor?

Aye. The

Chair votes aye. No, it's a tough one. All right. Letter F, Town Manager Search Update. Mr. Perkins?

The only update I have is a request from Tara Bregalia, who is doing the solicitation of vendors that are on the state bid list. She has reached out to several, including our current auditor. Some of the feedback she's been getting back and I believe I sent to you all email what she outlined. She's getting some input from them saying they're looking for a more narrow scope of the type of forensic audit you're looking for. A lot of them have said that a townwide budget audit forensic audit of both school and town is quite in-depth and could be quite costly.

So we're looking for more definition or more narrow scope on what exactly the vote was by the Board to conduct a forensic audit, just looking for again more definition on scope, being able to break down proposals or estimates that she obtains, I think it would be a better process or at least that's what she said in her e mail that I forwarded to you. Okay.

So this discussion sorry, new business, I think we got a little off. This was supposed to be town manager.

I'm sorry.

That's okay.

I was really confused. Okay, that would be under that's under the next process, town manager. Sorry about that. Budget, what are we on? We're on. Okay. Yes, it's currently on Commsby and is going to be published in the mascot week. We're just waiting on the return of the proposals.

Okay.

That's an easy one. When do we have a date for the return?

Next Friday. I think it was next Friday.

This coming one or the week Wait from

a minute.

Wait from Friday, I believe.

Like the twenty seventh? I believe. You mean the twenty

fourth. The

twenty fourth. After we get those, what are going to do? So as we talked last week, we'll have an evaluative process that goes on internally. Okay. And then once that You'll make a recommendation. Mr. Perkins, we'll be making a recommendation to the Board based on the tallies with that Okay. Evaluative So that's going to be probably the May? Yes.

Right in the midst of getting ready for town meeting. Sounds great. Any other questions about the town manager search?

May the fourth be with us.

All right. Seeing none, on to new letter new business, Letter G, budget discussions. Okay.

So far, just to give you an update, we have met with several unions and began the impact bargaining process under 150E. I just want to again, I think people for clarity didn't really understand what I was talking about last week. So I just want to read a little step by step procedure on how the impact bargaining process takes place. Step one, the town meets with unions to provide notice and afford them an opportunity to bargain over the impact before any final decisions on layoffs are made. Step two, town meets with the union to discuss the impact.

Such discussions must be held in good faith and with the intent of reaching an agreement on the impact. At the impact bargaining sessions, the unions will identify mandatory subjects impacted by the layoffs such as severance pay, seniority bumping and recall rates and then the timing of the layoffs and any other details that may occur. The final step, if an agreement is reached by the parties on the impact, the parties will memorialize their agreement in a memorandum of understanding. However, if a good faith impasse is reached without an agreement, the town will have met its bargaining obligations under Chapter 150E and can implement its final and best offer. It is worth noting that an impasse occurs when a stalemate exists and no further concessions can be made by either party over the impacts.

So that's really the legal requirement we need to follow in addressing potential layoffs. And that process is taking place right now. This week, we have some I think the library and the GMAG union we're having our first session after a lot of emails back and forth looking for data. The unions have asked for financial data that they've been provided. And then we have some second meetings with police, fire and clerical. So that's where we are in the process.

Madam Chair?

Yes.

So we have a 3,300,000 number that we're looking at. Yes. And we've divvied that number up amongst evenly amongst all the budgets or? No. And the reason why I'm asking this because it's kind of a loaded question. I wanted to know how it was divvied up because I wanna make sure that we're not gonna absorb all the costs in certain areas and none of the costs in other areas. If it's not you know, I like the essence of fairness to it somewhat. But, just thinking out what outside the box, like, at some point, I'd like to know I don't if there's gonna be a presentation of how we're doing this probably, what, the twenty seventh or Awesome. The

Okay. And I will like to update. I talked to Norm Orel today. He believes the Senate cherry sheet numbers will be out Wednesday.

Oh, good. Okay.

No word on the 300,000,000 for the GIC that was voted last week and approved and signed into law. It was a $300,000,000 supplemental budget. So that's for this current year I believe. And the question is, is whether that's going go into the next year's budget as well to offset some of the costs for the GIC which we believe.

I haven't seen anything yet.

You haven't either?

Until they send me a number.

Yeah. I'm just going to say that Joe is doing exactly what this Board has asked him to do, which is to look at the numbers. And so our I think our duty as a Board is going to be looking at those numbers, looking at how that impacts the town. So coming to that kind of understanding which is Joe's doing something that's really, really hard to do because the end of it at the other side of this is human beings and we're all trying to keep that in mind and I think that everyone needs just needs to hear that. There has to be a process, there has to be some feelings taken out of it because it's not an easy thing to do, but that ultimately how is this going to impact the town and how can we do this in a way that impacts the town as little as possible.

And I appreciate what you're doing, Joe and I really do appreciate that this is not an easy thing to do.

Madam Chair. I attest to what he's doing. It's something that I don't believe he signed up for. And it is I believe he's doing it in a professional way and by the rules and nothing personal. I think he is doing unfortunately what this Board and what the town is looking for, because we do not want to go into another year with a problem that we have now. Exactly.

Exactly. All

right. We're good. Thank you. Okay. All right. On to hearings, meetings and licenses. We do have a 07:30 meeting for the WRPD at 5 Kelly Drive. Do we have the here? Welcome.

Welcome.

Can you state your name?

Yeah, Darren McKillis, Foresight Engineering here on behalf of the property owner.

Thank you. Open the meeting. Alright, do you want to go over what Sure.

So Mr. Filion wanted to ask

I apologize. Yes. I just need to open Motion the to open the hearing.

You got to read the.

Do I have it? Legal ad?

Yes.

I don't. Do we have it? Do you have it?

I don't. It's the advertisement.

Okay. Well, that should have been given to me. Thank you. Sorry. It wasn't usually it's on our agenda.

So Middleborough Select Board will hold a public hearing in the Select Board's meeting room at the Town hall, 10 Nickerson Avenue, Middleborough, Mass on Monday, 04/13/2026 at 07:30PM for the purpose of discussing an application filed by Darren Michalis on behalf of Foresight Engineering Inc. For a special permit under the Water Resource Protection District bylaw to allow for the construction of a seven by 60 foot wooden bridge to cross the existing stream in order to access the rear of property. The property is located at 5 Kelly Drive in the Commercial Development And in Water Resource Protection District, WRPD Zone 4, shown on assessor's map 38, Parcel 2044. Anyone wishing to be heard on this matter should appear at the time and place designated. It was published March 25 and 04/01/2026.

Motion to open the hearing?

You don't have to open.

Don't have to All right. This hearing is now open.

All right. Good evening. Darren Michalis from Foresight Engineering. Mr. Filion wanted wanted to access the rear of his property. He figured he would do at least amount of disturbance he could. He didn't realize there was a process to it. So he built the bridge. Someone saw it either through the GIS or from the highway and reported them. So I'm here taking care of the filings through conservation first because we are crossing a stream.

The bridge had very limited disturbance other than the two ramps of any digging in the wetlands or resource area, but it does span the entire stream. So we are required to replicate on-site if we can. We do have available area to do that. So we're replicating nine fifty square feet of wetlands right adjacent to the riverfront area with some plantings that will enhance the wetlands as required by the bylaw. It is a limited project, and we have been approved by conservation.

The bridge is very well built. It's basically dug into the ends on either ramp. Four to five telephone poles are laid lengthwise, and the planks are built right on top with a middle support on a little island that's in between the two streams. So very little ground disturbance was actually done, but we're willing to replicate Jason's Thest so that the bridge can stay.

Madam Chair? Mr. Pike? Just a question that the when it says it's going across, what are they going to be what kind of vehicles are going be going over?

It's seven feet wide, so like a four wheeler or a 4x4, basically just to access the upland area in the back of the property. Recreation? Recreation, yes.

For recreation.

Yes, just for him and his children. Previously when he bought the property there was ladders with planks across the stream to walk across. So there's really no way to get anything but a dirt bike across. So now he's made it safe to get access to the rear.

And it's just his family that will be access?

No the No

friends and relatives. Mr. Thank

Chair. I'm sorry. I apologize, Madam Chair. So I have a question with motorized vehicles going into the wetlands. I don't think and I'd like Brian to talk about that.

Well, they're not going into the wetlands. They're crossing on a bridge to an upper Okay.

So we got a vehicle that could spill gas or fuel oil, right, into the water?

Yes. But it's not going across ladders and planks anymore. So it's going across a stable bridge.

Is it legal for people to go driving through wetlands no matter what, whether it was there or not?

No. Okay. Whether lateral is

there or not,

doesn't matter. There's a process. So there's a process to do it. We've applied for the process through conservation, met all the rules and regs.

My big concern is that there are several things that are there. There's several reasons why. And the area is not 70 feet. The length is probably about 300, 200 feet. Based on what I can see, it's about 200 feet across a protected area. Based on the GI I'm just looking at the GIS the town has. We several things. You're in the national the NH ESP, natural communities. You got the Coldwater Brook there, which is very well it's pretty much putting Shear Brook is the reason why the theater was never developed into anything because putting Shear Brook being

a Yeah. He's not looking to develop it in any way.

No. I understand. And not that I think you could anyway because of the shape factor and all that. Even if you subdivided the property, you wouldn't be able to get enough property out in the back. It's more my concern is that that is a protected area, substantially protected area. It's in the floodplain. It's it's a it's a it's a large wetland. I'm looking at that as well on the GIS. So I look at all the different pieces. Again, this is after the fact filing, we're just trying to kind of dot i's and cross t's.

Mhmm.

I do have concerns of that that something could get spilled in there, but, I just I'm not comfortable making the motion that will be in harmony in the spirit of the the the bylaw. Because, one, it's just doesn't seem to be that. But I mean, it's built. And the back area is upland, and he has access rights to it because of

And We are adjacent to the highway with a drainage, an open drainage well.

The highway, right.

All the water from the highway with vehicles that actually do spill oil.

The highway is from it's

that wall.

Is there going to be delineations as to where things are so we know where wetlands are out there?

Yes. The wetlands are all flagged and then the new area will be clearly delineated with a sill fence when it's done. So we're definitely enhancing the area next to the resource I feel better about that. And the other side that he's crossing to is actually more of an upland side than where his actual house is because it goes up in elevation. So we're above the flood plain on that side, but where we're doing a replication will still be in the flood zone.

Is that farmland out there or not farmland? It's all just trees, yes.

Think my question It

looks like a buffer for four ninety five.

My question would actually be for you, Brian. Because this is already done, it's kind of a strange one. But if we if we had somebody before us asking to build this bridge, you know?

I would I would have been

You would probably would have been

I'd been listening the sidewalk and look at look at we're gonna build it, what the length is and all that to ensure that we're going to get outside of those wetlands and we're not going to have to worry about that in the future. But I'd rather them have a defined 7.5 foot wide bridge versus Traipse and three more wetlands every

Right.

Madam Speaker, I

do agree. This isn't after the fact, so it's kind of a, hey, we're here to ask forgiveness, and we are going to enhance the wetlands. That's really all I can offer is the engineer. I do agree with the fact that it would be tough for me to kind of argue that this does meet the protection, but we are enhancing the wetland, which is part of what we're supposed to do and it is a limited access only for him. That was

my concern, but limited.

Yes, there's no you're not going to drive a truck or anything across this bridge. Just an hour enough that we can't fit a full size vehicle. At least he made that correctly.

We

don't have to cut the sides off to make it narrow.

Madam Chair, I do know the owners of the property and I know them to be responsible and upstanding people.

Madam Chair. Ms. McGee. Do we have the certified mail notice?

Yep.

The green cards?

Yep.

Where are they?

They were given to the secretary this afternoon.

Okay.

I handed them in.

So do we know if they all came back?

Yes, they all came back. I'm pretty sure. Had six out of the seven or seven out of eight out of the nine. I don't count them because normally, I'll get them three days later and I'll return not accepted. Card process is always one of those things as an engineer, you want the green card to say, I notified somebody. But if you don't get the green card, you still have the hearing, and then I get it three days later in the mail, not accepted. So to me, it's more of the white slips and what I mail to the people is the most important part. So a lot of people don't even claim the notifications. Is

there anyone in the audience who would like to be heard on this matter? Jasper?

If pressure treated lumber was used which considering it's wet all the time, it probably was I could see a problem of possibly trace amounts of arsenic getting leached into the water And believe that's what predator treated lumber is treated with.

And

for that I would say rot resistant hardwood would probably be a lot better of an option.

Thank you, Jasper.

You're welcome.

Actually, Madam Chair,

this is a

really good question. Darren, do you know what the bridge is made of?

Telephone poles, four telephone poles laid down over the stream. The chance of them getting into the water is probably the one hundred year storm. I mean, that's above the flood elevations that are showing all around it. So he's built the bridge high enough that even if we get to the high watermarks on both sides, it's not going to even reach the actual platform of the bridge.

So what

So the only thing that would be underwater at that point would be the concrete blocks that he set the two ramps on and then the blocks that he set the middle on.

So we have there is it creosote on the telephone poles?

I would guess whatever they're made of, yes.

Well, seeing as how this is a cold water fishery, that's a little concerning. I think I wish he had chose better.

Yes. The top is not stained or anything, just the poles are the natural telephone pole, whatever they treat them with.

Have you seen them? Yes. Are they black and do they have black tar on them? Or are

they They're more of the light brownish color. And he's actually you should have pictures somewhere that I gave I took colored pictures and presented them all for the conservation, too. But I'll make sure you guys get some

of pictures. Yes. We didn't get any.

Yes. He it's a very well constructed bridge. That's all I can say is structural engineering in school. He did a good job with very minimal disturbance. And the fact that he built it high enough to actually get it above the high waterline. The only thing I would be concerned of is just the middle maybe washing out if we had a huge storm, but that's easily fixed because it's on a little island, so. Okay.

I didn't see anything from Tricia Cassidy that showed any real big concerns on that.

Yes, do have our order conditions for conservation.

I

wish we had the pictures.

Don't don't see them.

Them now. Have them. They were in the email, I'm certain.

Yes, they were definitely my email I sent. If the Board wishes to take a sidewalk, I'm sure the client, it's no emergency, it's already there.

Right.

I mean, there's no rush to get approval tonight. If you want to go take a look at it, more than welcome to meet someone out there.

Anyone else from the public?

How long has it been up?

How long has it been up? Nine months?

Nine months.

So I was probably contacted maybe six months after it was built. It got reported and then he had already filed the notice, but then Trish asked me to step in and help with the DEP comments because of the riverfront area and the replication, which obviously a homeowner wouldn't know how to do that stuff. And I've done some other jobs for Mr. Filion, so he hired me.

I Okay. Don't I can't find it, but I know I Being saw those

that it's not covered in creosote, I'm happier with the poles that he's used. I can feel like the ones that are out here, they're different. Would it be ideal? No. But driving through on old logs and stuff is definitely not a

if you,

like you said, spill anything because you're not going over it in a safe manner.

Right. And at least now the StreamBank is protected.

I was thinking there's no erosion going to occur potentially, etcetera, because you're going go up and over it and leave that bank in place. I prefer that.

Madam Chair, I would make a motion to approve this project.

First, we have to close the hearing.

I'm sorry.

So motion to close the hearing.

Second. Is that your motion

to close the hearing?

Motion to close the hearing. Second.

All those in favor?

Aye. Hearing is closed. Madam Chair, I'd make a motion to approve this project as presented. Second.

Any further discussion? Tracey, are you feeling better about it now that you've heard that or you?

I never like people asking for forgiveness instead of permission. Yeah. I'll never like that ever.

Me too.

I can't agree more, but it's just

It is what it is.

Yep. That's my struggle as well. But again

If remove the bridge, it would be more damaging than anything. And in the long run, what it will be done. Yeah.

Right.

But there's going to be replication being done, etcetera. So I feel better about that too.

Yes, exactly. But I in general, I do agree with that. All right.

Thank you very much. All those in

favor? Aye.

We need to make a motion to approve. Did. Did.

Tom made the motion, I seconded it on

the agreement. We already offered it for people to talk, yep. All right. So that passes. Next item on the agenda, Town Manager's Report.

So I jumped the gun earlier. It's looking for scope on the forensic audit. As I described earlier, the may be cost prohibitive to be a townwide audit, meaning school and town side of the budget. So I'm just looking the will of the Board, What can I what would you like us to obtain more specifically for estimates?

How much is a forensic audit for the whole town?

Again, they're not willing to give us a price due to the vastness of it, three years townwide audit. The suggestions were be more specific in your scope, just town side, expenditures, revenue, things of those nature.

I only the only reason why I would like to speak on it is simply because I made the original notion. And my thought process was not to include the schools. I don't think it's necessary. And the reason being, I was on school committee. I have some back knowledge. I know Brian was as well. Some of the concerns regarding the schools are not I think they're pretty much out there. I think everybody knows exactly what's going on, on that side. And I don't personally don't feel like that is an area that we need to address. I do. Okay. All right. So then fair enough. So then

Reason why and the reason why is my concern is based on what I've reviewed and I'm not an auditor. My concern is we're going to fix everything this year and next year there's going to be layoffs at the school because the budget is just unsustainable with the contracts that they currently have based on what I can see. So my concern is when we talk about how we got here, we can talk about the 22 contracts and then the 25 contracts if they were to review that. I think anyone could do it. Think a town manager, a retired town manager coming in doing an overview could do that because I think that if we want to know where and how we got here

Mhmm.

For them, they've got their issues. I know where they get I think I know where it came from. Right. For us, I think I know where it came from too. But I think that

Okay.

A friend that got it is looking for malfeasance.

Exactly.

And I'm looking for, I think when you said you want to see how we got here, I agree with you. Think that when we see the current audit at the end of the month, maybe that may shine something Right, on

right. So we have options. Know we could ask them to give us a price for town and school. And then we could ask them to give us a price for the town side, give us a price for the school side and then kind of go from there. And then even still pare it down. Do we want to look at revenue? Do we want to look at expenditure?

Madam Chair, dovetail on what Brian has said, we'll be getting that 2025 audit what June 1?

It was supposed to be April.

April? When we look at that, maybe we'll they will tell us what areas have some problems and we can work with it from there.

And Madam Chair, I thought you changed your motion from three years to just twenty five.

I said I would be willing to have that conversation. So there really was no the only motion was to just pursue a forensic audit, what the pricing would be for that. So we can do a one year and we can do a three year price and we can do that as well. So I think what we're trying to do here is get the pricing so that once we have that audit 25 back and we have a price in front of us, we can decide which way we want to go. Does that make the most sense?

Yes. And then we might be able to narrow it down a little bit more.

So just continue Joe is going to just continue going forward with getting different pricing. And then once we get the audit results, we'll look at everything and decide which way we want to take it. Everybody good

with that?

Yes. Okay. Perfect. All right. Next on your, town meeting results.

Yes. The Massachusetts notification of water use restriction needs to be submitted by May 1.

Okay.

And, you have in front of you.

Yeah. That was emailed to us. We usually vote on this. Yes.

Yes.

So this is the, out of my wheelhouse. I love this. I love

this You read it differently.

We do.

Our our, the Massachusetts Department of Environmental Protection gives us a permit to pump water out of the ground because it's the Commonwealth's water. And part of our restriction requirement is that every year from May 1 to September 30, we have our Middleborough summer water management program mandatory water use restriction that we vote each year. And then, so, I would make the motion that we approve this as we do annually, and I can read it so that people know what it means. I make the motion we approve it.

Second.

Madam chair. Discussion. So what this is is that, the conditions are as follows. And this is part of the permit for the town. Outdoor watering hours, nonessential outdoor watering hours are restricted to before 9AM and after 5PM. The outdoor use of water restriction is based on your street number. Nonessential outdoor water use is allowed, so based on your street number. Even numbered addresses may use nonessential outdoor water use on Tuesdays and Fridays only. Odd numbered addresses may engage in nonessential outdoor water uses on Mondays and Thursdays only. There is no nonessential outdoor water use on Wednesdays, Saturdays, and Sundays.

And now nonessential outdoor water use that are subject to mandatory restrictions included, but not limited to, these are just some examples, irrigation of lawns via sprinkler or automatic irrigation system, washing of vehicles except in a commercial car wash or as necessary for operator safety, and then the washing of exterior buildings and surfaces, parking lots, driveways, sidewalks, except as necessary to apply surface treatments such as paints, preservatives, stuccos, pavements, or cement. Then you have the following uses may be allowed when these restrictions are in place before 9AM and after 5PM. Irrigation to establish a new lawn and plantings during the months of May and September, So not June, not July or not August. No one should be trying to plant the lawn in those days because that's summer. Irrigation of public parks, recreation fields by means of automatic sprinklers outside the hours and irrigation of lawns, gardens, flowers, or ornamental plants by means of a handheld hose.

Select board calls upon all water users to conserve water wherever possible and observe the listed water restrictions. Further restrictions may be implemented on a streamflow data from the Taunton River. These restrictions will be effective 05/01/2026 and will currently end on 09/30/2026. Any person violating these water restrictions shall receive the following. The first violation is a warning. Second violation, $100 fine. Third and subsequent $250 fine per occurrence. And that's the standard water restrictions that we've had since, I think, 2009.

So I think it's important that we reiterate this every year. I know you do a great job of this, Brian, is that, this is not based on us having not enough water. I think a lot of people don't fully grasp that this is not because we don't have enough water. We have enough water in fact that we sell to other towns. We do have plenty of water in Middleborough.

It is more because the state wants us to conserve and to keep our tanks and give our tanks an opportunity to fill up again on those off days. So Brian, you can certainly add to that, but I know that that's important and people do comment on it a lot and I really just want to make sure that they understand that this is not because we don't have the water, it's because we need to make sure that we follow what the state is asking us to do.

And what we do is we do proper operation of our water system. Mike does a real good job. The reason why there's no water use on Wednesday, Saturday or Sunday is because it's the chance for the the if if we were to hit high usage during July and August, really hot times and your demand goes way up, we still don't want to pump our wells twenty four hours a day, as I've said in the past to other towns. You should never do that. Yep. So Mike's really good about that. Mhmm. But this is a restriction of the state, not us. And we're fortunate right now up until May 1. I won't say it loudly, but we are now at a drought based status, which means we can use water outside.

I don't wanna keep I'm not announcing it as a go out and use water like crazy, but people have the ability to use water outside right now. Mhmm. And and if you have a garden, you know, that you a garden that you feed yourself with, there's try to stick within these watering, but the idea is you still have to feed yourself. I don't think that, I would ever want to impose any fine on someone who's feeding themselves ever. Agreed. I think we would.

Any other discussion on the Board? No.

Well done.

Any comments from the public since there is a motion?

Absolutely. Hi.

Peter Angel, Marion Road. Excellent explanation on the water issue. One thing that I hear every year is, if I have a well, this doesn't apply to me. Does that also apply to homeowners who have their own well and are not on Towne Water?

Currently, the town of Middleborough does not have a restriction. There's only like three towns in all of Massachusetts who have that kind of a restriction. We do not have that restriction. Some people put in wells just for irrigation alone. But currently under the law, they cannot regulate under 100,000 gallons per day average in a three month period. So I don't think any of us are pumping 69 gallons a minute around the clock out of their well at their house. If so, can we buy their house and put a drinking water well there? But you're right. We're not restricting anyone who has a well.

Got it. Okay.

That's a little confusing because as someone who has a well, I get the same slip of paper because I get the same bills in the mail, and it looks like, oh, I'm not allowed to wash my car or water my lawn or anything.

We would ask that you consider though, you're still sitting out of the same aquifer. So if you limit that, as I always say, I hate when people water their driveways and streets. It's a waste of water. Would you pour a bottle of Poland Springs? But I get I'm with you. I have my own well, too, and I have that ability. I try to minimize I do try to minimize, though. And we ask people, even with their own wells, to understand that they're all sipping out of that same aquifer.

That's fair. Thank you for that explanation.

Thank you. Jasper?

Considering it's all on the same aquifer, feel like you should probably impose the same restrictions.

It's not us Jasper, it's the state.

It's the state.

Yeah. So, but everyone needs to just be mindful, that's all.

Consider that.

Thank you. Okay, thank you.

Any further discussion? Seeing none, all those in favor?

Aye.

Chair votes aye. Thank you. Anything else, Joe?

That's it.

All right. Thank you. Moving on to committees, commissions and boards. Anybody on the board have anything? Tracy?

Actually, I did get a reminder if we could announce about the flushing hours going down at Oak Point. Someone texted me and said, remember

This Thursday? Yes.

It is

Thursday,

April 16 Oak Point is going to take place between 07:30AM and 3PM. Customers may experience rusty water during and after flushing. Please run cold faucets until clear before cooking or doing laundry.

So that last piece is key one. If there's rusty water, don't do your whites because there will be beiges.

And Brian, can you mention why we do the flushing?

Because sometimes there's dirty water if you stir things up. Well, what happens is is if this this particulate in all water, and what'll happen is over time, it'll settle out on the bottom of the pipe. And if for some reason, like in Bridgewater, had just had that fire, they stir everything up when they do that because you're pulling water in one direction. So the idea is for water quality reasons, we do it. And because the town does it twice a year, they keep things pretty clean. They used to have a lot more iron and manganese in their water, but we've done a lot better that we've built the treatment plant East Main Street. That was a big, big fix when we did that one. So but absolutely, that's why we do it.

You. I just thought the other guy to explain to the public.

Tracy was absolutely right. Forgot to mention the and I'm sure there's going be other areas that they start flushing. But I know Oak Point is a big area and I know Eric sent out Eric from Oak Point sent out an Yes. Thank e

you.

That will be on social media too. Correct, I believe.

Anyone in the audience under Commissions and Boards? No. Anyone for correspondence?

I have nothing.

Brian? No, good. Tom?

No. Tracy,

under No. Okay. And public comment, anyone on the Board?

No. Hi.

Karen Foy, Director of Media Technology. I just had a little statement I'd like to read for you and for the public at home. I'm here tonight to clarify comments that were made at last week's select board meeting regarding the monthly newsletter the media department shares on the town website and on social media. Liz and I are well aware that the interim town manager does not want to put out a town manager's newsletter like the previous town manager. But the town manager's report was such a small part of the overall newsletter that we put out, so we decided to create a new format that didn't include the town manager's report and just called it the Middleborough Community Update.

There's a lot of information that people in the community need a chance to see. Some people aren't on social media, so we'd like to put it on the website. Right, Bill? So this is what the cover of the newsletter stated. With the departure of the former town manager, the monthly town manager's report is taking on a new format as a monthly town newsletter, the Middleborough Community Update.

This new newsletter will focus on information and updates from various town departments, upcoming local events around Middleborough, photos from events, recognitions and projects from the previous month around town. We get a lot of positive feedback from our newsletter and all the information, the calendars for events that are happening in conjunction with the calendar on the town website. Per request from the assistant, the town manager, Jim, we did add the budget and operational correction plan document that was presented at the select board meeting a couple of weeks ago, but we didn't add any quotes or anything except the actual document that was given to us. For whatever reason, Middleborough News created a post on Facebook announcing that the town manager had put out a new town manager's report newsletter. Even when I saw it personally, I screenshot it and then sent it to Liz saying, hey, why the town manager sending out a newsletter without even going through us?

So if you look at the newsletter we sent out, you'll clearly see that it's a newsletter for the community to get information on what's going on in different departments like the Veterans Office, Planning Community Development, Animal Shelter, COA, library tours and parks, sole homestead, etcetera. We have a lot of events happening this spring coming up in May, especially with the veterans that we like to share and continue to share with the community. It's important to the residents in Middleborough to have this communication on both the website and social media, like I said, because some people just aren't on social media. The new newsletter is located on the town website under the media department at the top of the column on that left side of the page and it's titled community update newsletters. There is an April edition in there.

I did take out the town manager's budget plan that he in correction plan, so that's not even in there anymore. Thank you. So appreciate it. I just wanted to let you know and let the public know. Yep.

And Karen, if I may, madam chair, I just want the public to know this is not an opinion piece. You're just

I do not comment. No, it's post

annual Yes.

You. Yes.

And thank you for doing that.

Thank you. You.

Evening. I'm Bob Sullivan of Needham Street. I just wanted to on part of the finance committee, I want to thank the interim town manager for attending our last few meetings, keeping us appraised. And at the last meeting, he made it very clear and I asked him several times, he wants us focusing on the numbers and that's what we're going to do. We have four meetings set up, Wednesday and Thursday of this week and Wednesday and Thursday the following week, the first two have been posted just so the finance committee can do their due diligence. We also said if we have an idea, give them a call. So I just want to let you know that we're working very closely as we can with the town manager with the interim town manager.

Thank you very much.

Madam Chair, I'd like to congratulate you on your appointment as Chair.

Thank you.

Thank you.

And you know how the sidewalks near the Center Cemetery are basically nonexistent.

Which area?

Near the cemetery in terms of good sidewalks.

Central Cemetery. Central sidewalks.

And those sidewalks are basically just asphalt that's full of cracks and divots.

Jasper, can you make me a list of the last couple of weeks you've been here and you brought up a few things. Would you mind writing all those down for me? So I'm going to send them to Mr. Peck.

Okay. Thank you, Jasper. You're welcome. Since those sidewalks I feel like should be A, and B, repaved.

Since

one of the big things is reducing the speed of the cars. And doubling the speed of the car makes it more than double the amount kinetic energy. Believe it's closer to 4x the kinetic energy.

It's right. A Give me that list, okay? Madam Chair?

You're okay.

I definitely agree with Jasper because I live right in that area and do have to say coming out of Level Street, the speed that the cars are coming off that bridge, you're taking your life in your hands. It is ridiculous. I mean, it's not so much ones coming from the cemetery, but the the way they come down that bridge, it's like I don't know how some of them don't fly off the bridge. They're going so fast. And I'm just a little dead end street. And my God, it is I don't I hate trying to get out that way.

You're right there too. Right, Tom?

Yep. No. No. The sidewalks are seeing better years. I walk them almost daily with my pup. And we can find the money, Jason. We'll try to get something done.

Right. Give me that

list. You're welcome.

Thank Jasper. Anyone else under public comment? Seeing none, I'll take a motion.

So adjourned. Second.

All those in favor? Aye. Thank you.