SELECTMEN’S MINUTES

APRIL 25, 2005

 

 

Chairman Perkins called the meeting to order at 7:06 PM.

 

Selectman Andrews and Selectwoman Brunelle were present.

Selectman Bond and Selectman Wiksten were absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of April 11, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of April 11, 2005.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for WRPD Permit – Cullinan Engineering – 355 Wareham Street

 

Chairman Perkins read the following:  “The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, April 25, 2005 at 7:05 PM, for the purpose of discussing an application filed by Cullinan Engineering, on behalf of Paul Lodge, for a Special Permit under the Water Resource Protection District By-law, to allow construction of a new automobile and repair shop and gas station on a site currently utilized as ‘Jim’s Automotive Service Center’.  The property is located at 355 Wareham Street, Assessors Map 072 Lot 5542, zoned General Use, W.R.P.D. “Z3”.   Anyone wishing to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Because four (4) members are needed for a WRPD Permit Hearing, the hearing had to be continued.

 

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

            VOTED:  To continue the hearing to May 2, 2005 at 8:00 PM.

            Unanimous Vote.

 

Hearing – Request for Family Type Campground Permit – 68 Purchase Street

 

Chairman Perkins read the following:  “A public hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, April 25, 2005 at 7:30 PM, for the purpose of discussing the request made by Ralph & Barbara Holton d/b/a Tispaquin Family Campground for a Family Type Campground Permit for property located at 68 Purchase Street, Middleboro, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Chairman Perkins explained that the Board cannot conduct the hearing with only three (3) members present.

 

Barbara Holton was present.  She noted that the Board only had 10 days to conduct the hearing.

 

Chairman Perkins explained that the hearing was opened, but could not be held because of lack of a quorum.  He also reminded Ms. Holton that she continues to operate a campground without a license.

 

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

            VOTED:  To continue to hearing to May 16, 2005 at 7:05 PM.

            Unanimous Vote.

 

Meeting with Town Accountant & Auditors – RE:  Unpaid Bill

 

Lisa Higgins was present.  She explained that the meeting is to discuss an unpaid balance of $4,500 for GASB services rendered for the completion of the FY03 financial statements.

 

Ms. Higgins said that Thevenin, Lynch, Bienvenue, LLP was paid $27,000 for FY03.  They are requesting an additional $4,500.  She said they were contracted for $23,000, and therefore she recommended not paying the outstanding balance and to seek to recover $4,000 from the audit firm for overpayment of services for FY03.

 

Ms. Higgins noted that there was also a $500 overpayment made.

 

Rich Bienvenue was present.  He explained that the standard for GASB 34 changed dramatically, requiring different reporting for governments.  He said no one knew what the impact would be at the time.  He said every town is different; some agreed to take on the extra work, and others relied on the auditors.  The original agreement of January 2002 excluded GASB 34 services.

 

Ms. Bienvenue said that, at that time, he spoke to the Town Accountant (Sandy Bernier), and determined that the town wouldn’t have the time or expertise to implement the requirements.  On January 27, 2003 an agreement was signed for $8,000 to implement the requirements of GASB 34.  He said the figures from FY02 also had to be looked at.

 

Ms. Bienvenue agreed that he had been paid $27,000, including a $500 overpayment.  He said an additional $5,000 for the extra work had been discussed at the exit meeting, and there had been no indication that this was unacceptable.

 

Selectwoman Brunelle asked if there was a signed GASB 34 contract.

 

Mr. Bienvenue said there was not one for FY03.

 

Mr. Bienvenue said services were provided on a good faith effort.  He said he could not come up with a fee upfront, because it was not known. 

 

Selectman Andrews said he was amazed at how unclear the sequence of events are, and felt that the agreement was not executed properly by either party. 

 

Mr. Healey said the additional work was detailed in a March letter, and at the Exit Conference.  He said it was discussed with the prior Town Accountant and the current one.

 

Selectwoman Brunelle asked Ms. Higgins to collect all bills from July 1, 2002 covering the period of the contract, and copies of all checks that were paid.  She asked the auditors to provide the same.

 

Selectwoman Brunelle noted that Wes Gardner had been hired to do the GASB 34 implementation.  She asked if this information was what was needed by the auditors.

 

Mr. Bienvenue said it was helpful, but it had to be audited to make sure it was correct.  He noted that a $1 million adjustment had to be made.

 

Chairman Perkins said he did not recall seeing any mention of this in the management letter.

 

Mr. Bienvenue said it was part of the FY03 management letter.

 

Selectwoman Brunelle asked Mr. Bienvenue to provide information on how many hours were worked, and a brief statement of what was done.

 

Ms. Higgins said she wanted to clarify that the bottom line costs for the audit services was $23,000, and this needed to be explained if it was wrong.

 

Chairman Perkins suggested the meeting be continued until the auditors have gathered the requested information.

 

Meeting with Omer Dumais, Tighe & Bond – RE:  New Storage Tank Site & Water Main Hydraulic Evaluation

 

Omer Dumais, of Tighe & Bond, was present to discuss a new storage tank site.

 

Mr. Dumais said there are three (3) possible sites:  Highland Street, Plympton Street, or Barden Hill.  He said Barden Hill would be the lowest cost for a tank, but said it would require water main improvements.  He suggested updating the hydraulic model and modeling water main improvements to allow for selecting the site or sites with the lowest cost and best performance.  The cost to do this would be $23,300.

 

Mr. Healey said it was important to do something soon.

 

Mr. Dumais said he would expect to report back to the Board in six (6) months.

 

Chairman Perkins asked how this would be funded.

 

Mr. Healey said that a separate article could be prepared to fund the analysis, and then borrowing would have to be done to complete the project.

 

Selectwoman Brunelle asked if the $23,300 was within the Water Department’s budget.

 

Mr. Healey said it was not.

 

Selectwoman Brunelle asked if the rates that had been established would be sufficient.

 

Mr. Healey said yes.  He said there is a surplus revenue in the enterprise account for about $1 million.

 

Tom White questioned the Plympton Street site.

 

Chairman Perkins explained that this was actually the Fuller Street property that was purchased by the town.

 

Mr. Healey said that all potential sites, including Carver, were analyzed for elevation and flow.

 

Mr. Dumais presented a draft contract to the Board.

 

Roger Brunelle noted that $10 million in water improvements had recently been voted at Town Meeting, and asked why this hadn’t been looked at first.

 

Mr. Healey said it was part of the original master plan study.  He said the $10 million project encompasses all of this type of activity.  He said that a prior Selectman had wanted to include specific projects, in phases, in the Town Meeting article.

 

Mr. Brunelle asked if the “Carver potential” was being figured into the plan.

 

Mr. Healey said it was.

 

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

VOTED:  To ask Town Meeting to authorize $23,300, from surplus revenue, to explore a new water tank and water main hydraulics.

            Unanimous Vote.

 

Discussion ensued on a proposed contract.  Selectwoman Brunelle questioned the ownership of documents.  She suggested the Town should get this in electronic format to incorporate into the GIS system.

 

Mr. Dumais said this study would not produce a lot of those types of documents.  He said anything that is produced will be available to the Town electronically.

 

Discussion ensued on how much of the $10 million has currently been spent.

 

Mr. Healey said he didn’t have immediate information, but estimated about half.

 

Chairman Perkins asked Mr. Healey to provide a packet to the Board for next week.

 

NEW BUSINESS

 

Request for Constable Reappointment for 2005 – Mario Diliddo

 

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

            VOTED:  To reappoint Mario Diliddo as a Constable for a one year term.

            Unanimous Vote.

 

Request for Exemption from Vehicle Use Policy – COA

 

Ted Lang was present.  He said when the Vehicle Use Policy had been proposed, he had outlined concerns of the policy and the application to the COA.  He said he has one (1) good useable vehicle for the Outreach staff, and the COA Meals on Wheels van.

 

Mr. Lang said there are times when the COA van is not available for the Outreach worker, and personal cars have to be used.  He said it was unfair, and a disincentive, not to reimburse the worker for mileage.

 

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

            VOTED:  To grant an exemption to the Town Vehicle Use Policy as follows:

Section V – Article A-1:  To allow the COA employees to use their own vehicles for business purposes within the Town of Middleborough when appropriate, at the discretion of the Director.

Unanimous Vote.

 

Quarterly reports for useage was requested.

 

Mr. Lang also explained that, under specific circumstances, an employee needs to bring the COA van to their home overnight.  He said this is usually related to picking up purchases of large maintenance items, or donated items, after work hours or before the next day’s work begins.

 

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

            VOTED:  To grant an exemption to the Town Vehicle Use Policy as follows:

Section V – To allow employees to use Town vehicles for business purposes when appropriate, at the discretion of the Director.

Unanimous Vote.

 

The letter will be “cc’d” to the COA Board of Directors and the Vehicle Use Policy file.

 

Request to Approve & Sign Supplemental Agreement for Filter Sand Replacement – Amory Engineers, P.C.

 

Mr. Healey asked that this item be tabled until next week.

 

Request for Parade Permit – North Middleborough Fourth of July Parade Committee

 

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

VOTED:  To approve the request of the North Middleborough Fourth of July Parade Committee for permission to hold the annual Fourth of July Parade on Monday, July 4th at 10:00 AM, and to allow the sale of the annual Parade tags/stickers.

Unanimous Vote.

 

Request to Appoint Trustees – Middleborough Public Library

 

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

VOTED:  To reappoint Susan Callan and James Okolita as members of the Library Board of Trustees for a three (3) year term.

            Unanimous Vote.

 

Selectwoman Brunelle told the Board that Danielle Bowker has been hired to replace Marjory Judd as Director, upon Ms. Judd’s retirement at the end of the fiscal year.

 

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

            VOTED:  To send Ms. Bowker a letter of congratulations.

            Unanimous Vote.

 

Request to Approve & Sign “Assent to Assignment of Lease” – Eastern Bank

 

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

            VOTED:  To ask Town Counsel to review the document, to address next week.

            Unanimous Vote.

 

OLD BUSINESS

 

Request for Surplus Vehicle – Health Department

 

Jeanne Spalding was present.  She said she had requested that a surplus Fire Department pick-up truck be given to the Health Department for the Animal Inspector to use.

 

Ms. Spalding said she had looked at the truck, which has a cap on the back.  She said employees from the DPW looked over the truck today.  There is some body rust which can be superficially addressed, and the belts may need to be changed.  She said the engine was replaced in 1997, and does not have high mileage.

 

Selectwoman Brunelle said she had spoken to the Fire Chief.  She said it is a full-sized, 2-wheel drive, vehicle that previously belonged to the G&E.  It has been mainly used for towing the safe trailer, and has been off the road since November.  The Chief indicated that the vehicle is started each week without a problem.

 

Selectwoman Brunelle suggested that the vehicle could be swapped with a smaller vehicle that is used by the Park Department.

 

Selectwoman Brunelle asked how many miles would be put on the vehicle.

 

Ms. Spalding estimated 130 – 150 miles per week.

 

Selectwoman Brunelle said this would be about $2,500 in gasoline reimbursement.  She said she didn’t know how that compared to insuring, maintaining, and paying for gas.

 

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

VOTED:  To allow the Animal Inspector to utilize the surplus pick-up truck through the end of this fiscal year.

            Unanimous Vote.

 

Selectwoman Brunelle told the Board that she had developed a “Surplus Vehicle Transfer Request Form” for review.  It will be put on next week’s agenda.

 

TOWN MANAGER’S REPORT

 

FEMA Reimbursement

 

Mr. Healey told the Board that, because of the serious snowstorms this past winter, the Governor had declared an emergency in January.  FEMA and MEMA have come up with a program to reimburse Towns.

 

Middleborough’s eligible cost is $94,994.77 of which the federal government will pay $71,938.55.

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

            VOTED:  To authorize the Chairman to sign the paperwork for reimbursement.

            Unanimous Vote.

 

Request for Journal Entries

 

Mr. Healey told the Board that he had requested that the Town Accountant do journal entries to the Purchasing Gasoline and Purchasing Diesel Accounts based upon figures submitted by the Highway Superintendent for fuel usage for snow and ice removal.

 

Using Mr. Boucher’s figure, a journal entry of $13,845 would be put into the Snow & Ice Removal Account from the Purchasing Diesel Account.

 

$5,756 would be put into the Snow and Ice Removal Account from the Purchasing Gasoline Account.

 

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

            VOTED:  To support the Town Manager’s request.

            Unanimous Vote.

 

Capital Planning Committee Meeting

 

Chairman Perkins said he would not be able to attend the CPC meeting scheduled for 7:00 PM on Wednesday, and asked if another member could attend.  Selectwoman Brunelle said she would go.

 

Mr. Healey said there will be a discussion at the meeting will be in regards to approaching the Peirce Trustees to fund some capital planning improvements that cannot be deferred.

 

Man of the Year

 

Mr. Healey said that tickets are still available for Friday night’s ‘Kiwanis Club Man of the Year’ dinner honoring Paul Provencher.

 

SELECTMEN’S BILLS       

 

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

VOTED:  To pay two (2) bills submitted by the American Arbitration Association in the amounts of $175.00 and $175.00, totaling $350.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $2,800.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of $12,334.01.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by Forms & Graphics, Inc.in the amounts of $207.00 and $119.40, totaling $326.40.

            Unanimous Vote.

 

Selectman Andrews suggested a local business be utilized the next time stationery is needed.

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $24.47 and $24.49, totaling $48.96.

            Unanimous Vote.

 

Chairman Perkins noted that there is a problem with the ADT Security phone line at the Rock Village School.  Mr. Healey will check on this.

 

OTHER

 

v     Selectwoman Brunelle asked that the Town Manager report to the Board next week in regards to the transfer of the South Middleborough School.

 

Mr. Healey said he would contact Attorney Robert Mather, who is supposed to be generating some paperwork to consummate the sale.

 

v     The World Series Trophy will be shown at the Middleborough High School gymnasium on Thursday, May 5, 2005 from 2:15 PM to 3:30 PM.

 

Roger Brunelle said there has been questions as to whether or not cameras will be allowed, and if there will be alternate parking areas.  The Board’s Secretary will check.

 

v     Mr. Brunelle told the Board that he had approached the FinCom in regards to obtaining $5,000 to retain Attorney August to begin cable negotiations with Verizon.  He said an article has been placed on the Warrant to fully fund Attorney August.

 

Mr. Brunelle said the FinCom turned down his request for a reserve fund transfer.  He also said that Town Counsel has indicated he will not have enough money to fund this.

 

Chairman Perkins asked if Verizon could be asked to fund the attorney.

 

Mr. Brunelle said this cannot be done.

 

Selectwoman Brunelle suggested asking the Peirce Trustees to fund this, with the anticipation that, if funding is approved at Town Meeting, the money would be released for another purpose.

 

Mr. Healey will contact the Peirce Trustees.

 

CORRESPONDENCE

 

ü      More correspondence was received regarding proposed Stable Regulations. 

 

Selectwoman Brunelle told the Board that she will contact Darlene Anastas in regards to meeting to discuss the proposal.

 

ü      T-Mobile paid $18,400.00 for the annual fee for renting the Town Hall cupola for a communications tower.

 

Mr. Healey noted that this money goes to the General Fund. 

 

ü      Information regarding the recent tobacco stings was provided by Bart Harrison.

 

The Board will reschedule the hearings in regards to these violations.

 

Selectwoman Brunelle noted that Mr. Harrison is the Animal Inspector.  She questioned utilizing his time when there is a Health Officer and Assistant Health Officer.

 

ü      The Fire Chief and the Building Commissioner will hold workshops on two different dates for local businesses that currently hold a Liquor License and/or an Entertainment License to discuss requirements, mandates and procedures in connection with “An Act Relative to Fire Safety”.

 

ü      Selectman Andrews will follow up with Town Counsel in regards to his correspondence concerning Worker’s Compensation.

 

ü      Selectwoman Brunelle will prepare a written response to the FinCom in regards to their letter regarding Supplemental budget Requests.

 

Selectwoman Brunelle explained that the Board has requested separate articles for supplemental budget requests so that they will stand on their own merit on Town Meeting Floor.  She said the FinCom will still have the opportunity to make an argument on Town Meeting floor if it is not in favor.

 

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

VOTED:  To authorize the Treasurer’s Office to distribute the Vehicle Use Policy with new employees, to sign an acknowledgement, and to thank her for her suggestion.

Unanimous Vote.

 

ü      Mr. Healey will ask the Town Accountant why a request for a three-month extension of the fiscal year 2004 A-133 single audit was filed with the Department of Housing & Community Development.

 

Selectman Andrews also as Mr. Healey to look at the process that is in place to allow Middleborough residents to apply for local 40B housing.  He suggested residents should get first preference.

 

 

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

VOTED:  To enter into Executive Session at 9:55 PM, not to return to Open Session, to discuss Contract Negotiations and Litigation.

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

            VOTE 3 – 0

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN