SELECTMEN’S MEETING

AUGUST 15, 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 Selectwoman Brunelle and seconded by Selectman Bond, the Board

            VOTED:  To approve the Minutes of August 1, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of August 1, 2005.

            Unanimous Vote.

 

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

            VOTED:  To approve the Minutes of August 4, 2005.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Town Counsel & Attorney Robert Mather – RE:  South Middleborough School Lease & Transfer

 

Attorneys Dan Murray and Robert Mather were present.

 

Attorney Murray told the Board that the South Middleborough Protective Association (SMPA) has requested changes to the deed and lease that he had proposed.  Attorney Mather is representing the SMPA.

 

Attorney Murray said the SMPA is asking for a change to the reverter clause in the deed to allow a transfer to another organization.  He also suggested language should be added to state the corporate purposes within the reverter clause.

 

Attorney Murray said there are changes to be made on the lease regarding the “lessee” and “lessor”.  He also suggested language to reference how the scheduling of the leased premises will be carried out and who will act in that regard.  A requirement of the conveyance is to allow the town to use space for a meeting room.

 

Attorney Mather asked for language that would allow notice to be given to the SMPA prior to the use of the facility.

 

Selectman Bond asked about transferring the property.  He asked if it had to go to another 501 C 3 organization that had similar or identical purposes.

 

Attorney Mather said it has to go to another 501 C 3 organization.  Language can specify if it has to have an identical purpose.

 

Selectman Bond asked if there would be an approval clause by the Town for a proposed transfer.

 

Selectwoman Brunelle asked if Town Meeting had specifically approved the transfer to the SMPA.

 

Attorney Murray said yes.  He said it is a “murky” area because the vote doesn’t say what happens once the property is transferred.  He said if there wasn’t a reverter clause, Town Meeting can’t control what is done after the conveyance is made.

 

Selectwoman Brunelle said she would be opposed to allowing the SMPA to transfer the property, and suggested leaving the reverter clause in.

 

Attorney Mather said this is “not a major stumbling point”.  He said Town Meeting didn’t require the Town to impose the right of reverter, so he was trying to clarify it so it wouldn’t become a “big deal”.  He suggested if the organization wishes to transfer the property, or if it ceases to exist, someone would come back to the Town.

 

Selectman Andrews said the documents contain a lot of “legalese”, and asked Town Counsel for his specific recommendation.

 

Attorney Murray said he had no problem with respect to the requests for changes in the lease.  He recommended approving it with the suggested changes.

 

Attorney Murray said he also recommended approving the deed with the reverter clause as written plus adding the purposes of the corporation.  He said whether or not to allow the organization to transfer the property is a policy decision.

 

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

VOTED:  To approve the deed with the recommended changes by Town Counsel to add language of the corporate purposes, with the exception of adding language to the reverter clause to allow a transfer.

            Unanimous Vote.


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

VOTED:  To approve the lease with corrections provided by Town Counsel as suggested in the letter dated July 12, 2005.

            Unanimous Vote.

 

Meeting with Health Officer – RE:  Request to Increase Certified Nurse’s Aide’s Hours

 

Chairman Perkins reminded the Board that this item had been continued from the meeting of August 1st.

 

Jeanne Spalding was present.  She told the Board that the Nurse’s Aide position had been full time, 36.35 hours, but was reduced because of the reduced need.  She said she had a discussion with the Treasurer, who told her between the benefits account, and the monies in the Health Department’s personnel services account, there is enough to cover the cost of additional benefits, which equals approximately $12,000.  She reminded the Board that the person in the position would probably not take advantage of the health insurance benefits.

 

Ms. Spalding said the difference in the salary from September 1st through June 30th would be $4,379.00.  She said there is enough money in the salary account to cover this cost.

 

Selectwoman Brunelle asked how much money is left in the personnel services ledger to transfer to the benefits account.

 

Ms. Spalding said she did not know at this time.

 

Selectwoman Brunelle asked if the position had been budgeted for full time.

 

Ms. Spalding said no, 19 hours.

 

Selectwoman Brunelle said that Ms. Spalding had chosen to reduce this position which had been fully funded for 25 hours.

 

Ms. Spalding said the position, which was at the skilled services level, has been reclassified and dropped down to support services.

 

Selectwoman Brunelle asked if the position had been funded at 36.35 hours the previous fiscal year.

 

Ms. Spalding said it had not.

 

Selectwoman Brunelle said her only problem with the request was where the money for the additional benefits would come from.

 

Ms. Spalding said that the Treasurer has indicated there is enough money in the benefits account.

 

Selectwoman Brunelle asked how much was available.  She asked if the health benefits were utilized, what would happen to the remaining monies.

 

Ms. Spalding said it would return to the General Fund.

 

Selectman Andrews said the process of requesting additional personnel, or increasing hours to full time, should be simplified onto a protocol worksheet.

 

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

VOTED:  To direct the Treasurer to provide the Board will a full account of all benefits associated with full-time and part-time employees, to know the multiplier on the per hour wage.

            Unanimous Vote.

 

Chairman Perkins said he had asked for specific numbers tonight, not whether or not the Treasurer had enough funds to cover the position.

 

Ms. Spalding said she had requested the information, and gave the Board what she was told.

 

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

VOTED:  To ask the Town Manager to create a simple worksheet based on information from the Treasurer, as to the costs associated with new employees or added hours.

Unanimous Vote.

 

Public Nurses, Mary Jane Johnson and Lynn Moniz, were present.

 

Ms. Johnson told the Board that subcontracting the Certified Nurse’s Aide cannot be done through the Visiting Nurses Association, as the Board had previously questioned.

 

She also said the Old Colony Elderly Services, a State agency, has its own criteria.  One requirement is being 60 or older.  She said the Town has patients under the age of 60.  She said a sliding scale is also calculated, up to $125/month, depending on the income.  If a person doesn’t qualify, they call the Town.

 

Selectman Bond asked what has been the effect of not having enough money to fund the position at increased hours.

 

Ms. Johnson said there are many people on the CNA’s list.  Many get personal care only once per week.  She said this is not enough.

 

Selectman Bond asked what the additional hours would permit.

 

Ms. Johnson said it is hard to tell, explaining that the need is different each week.  Sometimes there are 22 visits per week, and sometimes there are more.  She said adjusting the hours will allow personal care to be given more than once/week.

 

Doris Butler who, on occasion, has filled in for the previous CNA reminded the Board that the nurses only work on a 5 day scale.  She said, in many homes, the nurses are the lifeline for the patient.  She said there is currently a serious crisis.

 

Selectman Andrews asked why it is the Town’s responsibility to provide this social service when services are being cut in other areas.

 

Ms. Butler said the service is a necessity, comparing it to providing water and electricity.  She said everyone provides taxes, and at a certain age, this benefit is deserved.

 

Ellen Grant told the Board that Middleborough has an increasing aging population.  She said some of the elderly have friends who can help, and the COA also provides services.  She said there is a need for a trained professional to provide personal hygiene.

 

Selectman Bond said the request is to help safeguard the public health, safety, and welfare of the community.  He said he was surprised the request wasn’t far more than what is being asked. 

 

Ms. Spalding told the Board that, two years ago, the Public Health Nurses’ hours were reduced to 30 hours.  The CNA helps to maximize the hours to demands.  She also noted that the CNA has been helpful in being able to translate for the diverse culture.

 

Chairman Perkins said there is no doubt the service is needed, but he explained requests have to be balanced because of the budget mess.

 

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

VOTED:  To allow the increase of the Certified Nurse’s Aide’s hours to 25, effective tomorrow, pursuant to information from the Treasurer that there will be no increase to the Town, and to review the position in 6 months.

            Unanimous Vote.

 

NEW BUSINESS

 

Request to Approve Donation from Herring Fisheries Commission – Town Clerk

 

Jim Coffin and Ron Burgess, of the Middleborough/Lakeville Herring Fisheries Commission, were present.

 

Mr. Coffin told the Board that the Commission has worked with the Town Clerk in developing a “permit system”.  In the past, the Commission has bought paper and other office supplies specifically related to the Herring Fisheries system.

 

Chairman Perkins read a letter from the Town Clerk to Jim Coffin asking that money be provided by the Commission this year to fund an additional 2 hours/week for her Clerk whose hours were recently cut.

 

Chairman Perkins asked Town Counsel if the Board could accept the donation for that purpose.

 

Attorney Murray said there is a Town Bylaw and Revolving Fund that regulates the Commission.  He said a Town Meeting vote may be required.

 

Mr. Collins said it would be a hardship on the Commission if the money wasn’t accepted, as hiring a part-time employee would cost in excess of $3600.

 

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

VOTED:  To send the information to Town Counsel to review and report back to the Board the proper procedure for accepting the donation.

            Unanimous Vote.

 

Mr. Collins clarified that the money would be used to increase the hours of an employee already working part-time.

 

Town’s Option to Purchase Chapterland – Gates – Spruce Street

 

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

VOTED:  To decline the Town’s Option to purchase Chapterland on Spruce Street owned by David L. & Joanne B. Gates.

            Unanimous Vote.

 

Selectman Andrews noted that the only department who had responded to the Board was the Assessors.

 

Request to Fill Position of Plumbing and Gas Inspector -  Building Commissioner

 

Chairman Perkins said this request was premature as Dennis Driscoll has not yet provided his written resignation to the Building Commissioner.

 

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

VOTED:  To authorize the position of Plumbing and Gas Inspector to be filled, subject to receiving the written resignation of the current Inspector.

            Unanimous Vote.

 

Request to Fill Position of Kitchen Aide – Executive Director, COA

 

Ted Lang was present.  He explained that the Head Chef has been on medical disability leave for three (3) months.  As a result, two staff are doing the work of three.

 

Mr. Lang said he has more than enough money  within the personnel services ledger to cover the cost of hiring a temporary kitchen aide.

 

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

 

            VOTED:  To authorize the COA Director to hire a part-time kitchen aide.

            Unanimous Vote.

 

Request to Rent Town Hall Auditorium – Woodstoves and Fireplaces Unlimited, Inc.

 

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

VOTED:  To approve the request of Woodstoves and Fireplaces Unlimited, Inc., to rent the Town Hall Auditorium, for a fundraiser to raise money for a parade in honor of a division returning from Iraq, on Saturday, August 27, 2005 from 7:00 PM to 1:00 AM.

Unanimous Vote.

 

Request for One Day Liquor License – Professional Bartending Service, Inc.

 

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

VOTED:  To issue a One Day Liquor License to Professional Bartending Service, Inc. for a function to be held a the Town Hall Auditorium on Saturday, August 27, 2005 for 8:00 PM to Midnight.

            Unanimous Vote.

 

Request to Approve & Sign Septic Betterment – Borges – 159 Plympton Street

 

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

VOTED:  To approve and sign a Septic Betterment for Manuel A. & Rose Mary A. Borges, 159 Plympton Street, for $6,621.00.

            Unanimous Vote.

 

Request to Appoint Town’s Municipal Hearing Officer – Fire Chief & Building Commissioner

 

Chairman Perkins read a letter from the Fire Chief and Building Commissioner requesting the appoint of Gary Russell, Police Chief, as the Town’s Municipal Hearing Officer under Chapter 304 of the Acts of 2004. 

 

As the Hearing Officer, Chief Russell would conduct requested hearings of code violations.

 

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

VOTED:  To appoint Gary Russell, Police Chief, as the Town’s Municipal Hearing Officer under Chapter 304 of the Acts of 2004, for a term of one year.

Unanimous Vote.

 

 

 

 

 

Request to Reinstate Class II License – Robert Weaver d/b/a Sports Ltd. Auto Sales

 

Selectman Bond said he reviewed the Town’s Bylaw and noted there was no indication that there is an obligation to reinstate a License once it is revoked.  He also noted that Mr. Weaver had not provided a written request for the reinstatement, and was not present.

 

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

VOTED:  To deny the request to Reinstate the Class II License – Robert Weaver d/b/a Sports Ltd. Auto Sales.

            Unanimous Vote.

 

Request to Appoint Part-time Dog Officer

 

Selectwoman Brunelle asked if the Board had approved the posting of this position.

 

Chairman Perkins said he didn’t know.

 

Selectwoman Brunelle noted that all other departments have been required to get approval from the Board prior to posting.

 

Because of the time sensitivity of the request, the Board voted to approve.

 

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

VOTED:  To approve the appoint of Jayson Tracy to replace Fred Bolio as part-time dog officer, and to send a letter to the Police Chief explaining the protocol for future postings.

            Unanimous Vote.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

The Town Manager is on vacation.

 

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 $37.20, $35.58, and $12.25, totaling $85.03.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Collins, Loughran & Peloquin, P.C., in the amount of $2,103.75.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by the Town of Middleborough., in the amount of $33.96.

            Unanimous Vote.

 

OTHER

 

Vote on Amendment for Trash/Recycling Fees

 

Chairman Perkins noted that the Board had previously held a public hearing.  Prior to going on vacation, the Town Manager had provided further information to the Board.

 

Selectman Bond said he had had a discussion with the Town Manager after the last meeting.  He read a letter that the Mr. Healey had given the Board:

 

I, of course, will not be at your meeting on Monday.

 

I have heard about some of the questions raised Tuesday night, and offer the following:

 

1.      There will be added administrative costs associated with administering the Pay-As-You Throw program, and Eileen (Town Clerk) will need to have the hours she lost restored in the Fall.

2.      I am disappointed that Jim’s idea was dismissed by the Board.  Paying up front helps us with cash flow, and there are intangible reasons as well.  Once you’ve paid for the year, the subject is off your mind.  God knows, we need to stop obsessing about this subject.

3.      Judy MacDonald recommends that the revenues be placed in a segregated account in the General Fund.  We will be offsetting the cost of operations (budget expenses) by the revenue.  If there is a balance, we will note it and it can subsequently be applied to Trash & Recycling Expenses.

4.      Stickers vs. Bags – Colorful bags with a Town Seal will take 6 to 8 weeks to get made and will be an administrative headache to set up at Supermarkets.  On the other hand, stickers (stickers that will not wash or pull off) can be produced and made available in a short time-frame (which is what we have).  I’d like to suggest another way to deal with the “small bag” issue.  At the Supermarkets, you will find 30 gallon bags and white tall kitchen can bags that are 13 gallon bags.  We could offer two different stickers at $2.50 for a 30 gallon bag and $1.25 for the 13 gallon bags.  People could then buy their favorite size bag and apply the appropriate stickers.  Stickers (even two types) are much easier to deal with administratively.

5.      The biggest problem we face is getting the utility billing software program data base up and running by September.  Attached, you will find a memo to Dick Tinkham and Don Boucher where I instruct them to provide clerical help to accomplish the task.  In addition, Roger will be having a temp to assist.  Roger will be present Monday night to discuss the timing of the work we need to do with the Board.

6.      With regard to multi-family buildings, property owners must choose for the whole building.  All units will either be flat rate customers or get stickers.

 

Selectman Bond thanked the Board for tabling the vote for one week.  He also apologized to Selectman Andrews for his reaction to a comment made.

 

Selectman Andrews said Selectman Bond had misunderstood his comment.

 

Selectman Bond noted that two (2) size bags will allow the elderly to carry a smaller bag. 

 

Selectman Bond said that other communities with cheaper rates for bags also charge a flat fee.  He also noted that Middleborough is not “supplementing” the cost of trash pick up, but replacing the total cost.

 

Selectman Bond also noted that a revolving fund can not be set up for this because the Town can’t have more than 2% of the tax levy, or $200,000.  This would not be enough to cover the program.

 

Roger Brunelle provided information to the Board regarding stickers.  He said they are guaranteed not to come off bags in weather in temperatures as low as 64 degrees below zero.

 

The consensus of the Board was to use two (2) different colors for the stickers representing the different size bags.

 

Mr. Brunelle said the stickers could be available in 10 days.  He said the bigger problem is that it will probably be November before bills can be sent.  He said he is in the process of “cleaning up” the water database.

 

Mr. Brunelle said two (2) temporary people are being hired.  The DPW Secretary, Water Department Secretary, and an employee in the IT Department will also work on the database.  Mr. Brunelle questioned who would maintain the database once it was complete.

 

Resident, Ron Files, objected to the implementation of the fees, and said “there are people who will put money into escrow until this is heard in court”. 

 

Selectman Andrews explained that environmental regulations are forcing the fees.

 

Selectman Andrews also told the Board that he had spent some time with Tom Barlow, a Selectmen in Bourne.  He said the Bourne Town Dump is regional, and very little money is made on recycling.

 

Charles Shay, 99 Cedar Street, felt that if everyone paid per bag, the cost would be much cheaper.

 

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

VOTED:  To accept the trash program as described in the Town Manager’s Report dated August 11, 2005.

            Unanimous Vote.

 

Chairman Perkins suggested staying with the current program for the first quarter, and go to a split program beginning October 1st.

 

Commission on Disability

 

The Board received a letter from Carolyn Tringali regarding the Town’s Commission on Disability.  She noted that the Commission has not met in over a year.

 

Chairman Perkins noted that many of the terms of the members had expired.

 

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

            VOTED:  To ask the Town Manager to follow up on this.

            Unanimous Vote.

 

CORRESPONDENCE

 

v     Selectman Bond will attend an information meeting regarding Chapter 70 funding for the town on Tuesday, September 13, 2005 from 11:00 AM to 12:30 PM at the State House.  Chairman Perkins will also try to attend.  The letter will be forwarded to the Town Manager and School Superintendent/Committee.

 

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

VOTED:  To forward a copy of a letter from Rep. Stephen Canessa regarding funding to the School Superintendent/Committee, and Town Manager.

Unanimous Vote.

 

v     The Town received information from Town Counsel regarding amending the Taxi Regulations.

 

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

VOTED:  To send notices to the individuals who have no obtained Stable Permits to meet with the Board.

Unanimous Vote.

 

Selectman Andrews suggested that Town Counsel should also be present.

 

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

VOTED:  To forward complaints regarding Earth Removal Permits to the Town Manager.

Unanimous Vote.

 

v     Information regarding the cost of legal ads for the Middleboro Gazette will be forwarded to all departments.

 

v     Selectman Andrews noted that he had read the Minutes of the Planning Board, and there are 7 new subdivisions containing 60 houses.

 

Robert Weaver, who was scheduled to meet with the Board at an earlier scheduled hearing, was present.

 

Chairman Perkins told Mr. Weaver that the Board had discussed the situation and had made a decision. 

 

Mr. Weaver told the Board that he has paid the taxes.  He said he had spoken to Mr. Healey who told him he would make arrangements with the Board.

 

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

            VOTED:  To put this item on the agenda for August 29th.

            Unanimous Vote.

 

Judy MacDonald will also be requested to attend that meeting.

 

 

Upon motion by Selectwoman Brunelle and seconded by Chairman Perkins, the Board

VOTED:  To enter into Executive Session at 9:37 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