SELECTMEN’S MEETING

JULY 18, 2005

 

 

Because Chairman Perkins was absent, Vice-Chairman Wiksten acted as Chairman for the meeting.

 

Chairman Wiksten called the meeting to order at 7:01 PM.

 

Selectman Bond, and Selectwoman Brunelle.

Selectman Andrews was absent.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of July 5, 2005.

            VOTE 2 – 1 (Selectman Bond opposed)

 

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

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

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Frank Biron, President of Melanson Heath & Company, P.C. – RE:  Town Audit

 

Frank Biron was present.  He told the Board that his firm was pleased to have been awarded the audit.  He said they are available to meet with the Board at any point, not just at the end.  He asked for the Board to “point in any direction you’d like more attention paid”.  He said his Firm, at any time, could give the status of where the audit stands, and will meet at the end to discuss the audit and the management letter.

 

Selectwoman Brunelle questioned why the proposal indicated GASB 34 reporting would be done but it was not mentioned in the contract.

 

Mr. Biron said that it is understood that municipalities have to be GASB compliant.  He said there is certain information that the Town will have to provide.  He said he has already had a discussion with the Town Accountant who assured him that the information will be available.

 

Selectwoman Brunelle asked if Mr. Biron had already met with the Town Accountant, and if there were any issues.

 

Mr. Biron said the major issue is to resolve the FY04 Audit Report.  He said this will have an impact on FY05, and needs to be tied in to the beginning of the year balance with the predecessor’s report.  He said that will have to be resolved.  In the meantime, his firm will begin working on preliminary reports.

 

Selectman Bond questioned wording in the engagement letter that said that “the audit documentation for this engagement is the property of Melanson Heath & Company and constitutes confidential information”.

 

Mr. Biron explained that this is in regards to the auditor’s papers.  The final audit is public information.

 

Selectman Bond also questioned the statement that the firm would “make certain audit documentation available…..for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities”.  Selectman Bond said he would hope the Board would be notified of any objections first to “give us the opportunity to fend”.

 

Mr. Biron said this he didn’t know as this was “unchartered waters”.

 

Selectman Bond also asked about destroying papers that are held for a minimum of three (3) years.

 

Mr. Biron said this is standard language, noting his firm does not destroy any paperwork.

 

Selectman Bond also wanted to clarify that any agreements, or notices, would be submitted to the Board, in writing.

 

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

            VOTED:  To authorize the Chairman to sign the Engagement Letter.

            Unanimous Vote.

 

Hearing – Request for WRPD Special Permit – Medeiros – 170 Highland Street

 

Selectman Wiksten announced that, because there were only three (3) members present, the hearing would be postponed for at least one (1) week, and possibly further.

 

Meeting with Michael Scipione; Weston & Sampson – RE:  Contracts, Paving & “Field of Dreams”

 

Michael Scipione, Robert Johnson, and Patricia Passariello were present to update the Board on Weston & Sampson projects.

 

Field of Dreams

 

Mr. Scipione told the Board that, after visiting the ‘Field of Dreams’, he felt reconfiguration could allow five (5) 200’ fields and one (1) T-ball field. 

 

Mr. Scipione told the Board that the work was done from GIS and aerial photo enlargements, which may be distorted.  He cautioned that the fields should be physically laid out to determine the quality of gravel and any ledge that may be present.

 

Mr. Healey told the Board that the work done by W&S was done pro bono.  He said the next step is to share the information with the Little League to see what they might be able to do with evaluating potential future projects.  He said the Town is not in a financial position to move.

 

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

            VOTED:  To share the information with the Little League.

            Unanimous Vote.

 

Harry Pickering reminded the Board that “someone’s being left out of the loop”.  He said the land belongs to the Park Department, and would require its approval.

 

Selectman Wiksten said the information will be passed on to the Little League and it will be their responsibility to get approval.

 

Interceptor Sewer Projects

 

Mr. Scipione said this project has been going on for quite awhile.  He said the contractor is capable of doing the work, and noted that the low bid was about $400,000 below the estimate.  He said it is a difficult project and has taken longer than anticipated.  Currently, all pipe is in and the flow is moving smoothly.

 

The remaining issues for the project include an easement and insurance on the Norton property, several walls to be repaired, access to the river, final paving and cleanup, and water by the Town pool.

 

Mr. Scipione said the project took 320 days instead of the anticipated 180.  As a result, there was an increase in contractor time and construction costs.

 

To control costs, Mr. Scipione said there has been a part-time resident since May 16th, as opposed to being there full-time.  He said the resident was required to be there full-time for the removal and replacement of the existing pipe.  Most of the surface restoration work has been done, and can be seen after the project is done.

 

The Board is being asked to approve an Amendment totaling $118,410.

 

Mr. Healey asked if the contractor was notified regarding liquidated damages.

 

Mr. Scipione said this is a contractual term.

 

Selectman Wiksten asked if there was a chance of negotiating part of the overrun costs.

 

Mr. Scipione said, based on engineering oversight, it is a real cost.

 

Selectman Bond asked about the possibility of the materials or work diminishing in quality.

 

Mr. Scipione said the project is mostly done, and the quality of the pipe is good.

 

Selectman Wiksten asked that the Jackson Street parking lot be put back the way it was.  He said the fence needs to be removed and holes in the blacktop filled.

 

Mr. Scipione said the Town has withheld money to make sure items on the punchlist are completed.

 

Selectman Bond said Oliver Mill parking lot is also in need of repair.

 

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

VOTED:  To sign Contract for Engineering Services - Amendment No. 1 for the Nemasket Interceptor Sewer Project – Phase II for the amount of $118,410.

            Unanimous Vote.

 

Brook Street Phase II Landfill Expansion

 

Mr. Scipione updated the Board on the Landfill expansion project.  He said the project began in August of 2004.  He said a lot of issues resulted from the Administrative Consent Order that was issued to the Town.

 

Mr. Scipione said Phase II, which will take longer than expected, will not effect the operation of the Landfill.  He said he has had conversations with DEP, and the contractor has been asked to clean up silt.  He expected the Town would have the authorization to operate possibly later this week.

 

The additional request is for $104,000 for work required beyond the scope reflected in the existing contract.  With the amendment, the project will still be completed within the budget, leaving $2,788.

 

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

VOTED:  To sign the Contract Amendment 2 for Brook Street Phase II Landfill Expansion in the amount of $104,000, subject to Town Counsel signing off.

            Unanimous Vote.

 

Downtown Paving

 

Mr. Scipione told the Board that a bid package had been put out for downtown paving as a result of the impact of the Nemasket lining project.  Bids were a little higher than anticipated because of the rising cost of fuel.

 

Mr. Scipione said the low bidder is Larusso Corporation with a bid of $1,706,000.  He said three (3) bids were received, all relatively close in bid.  P.A. Landers’ bid was $90,000 more.

 

Selectman Wiksten said it would have been nice to have a company that has worked in the Town of Middleborough.

 

Mr. Scipione said he has overseen both contractors in the past few years.

 

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

VOTED:  To award the bid for downtown paving to Larusso Corporation in the amount of $1,706,717.95.

            Unanimous Vote.

 

Selectman Wiksten cautioned about work being started in the fall, and left in worst condition over the winter.

 

Mr. Scipione said he would get a detailed schedule from the contractor.

 

Selectman Wiksten noted that all abutters to the streets should be notified that any work needed to be done should be done prior to construction as the Board will not allow road openings once the paving is completed.

 

NEW BUSINESS

 

Town’s Option to Purchase Chapterland – Garcia – Smith Street

 

Mr. Healey said there is a proposal for a 10 building condo project on this land.

 

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

            VOTED:  To table this item for one (1) week.

            Unanimous Vote.

 

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

VOTED:  To notify departments to respond by letter to the Board’s request for comments, or be present at Monday’s meeting.

            Unanimous Vote.

 

Request for Second Hand License – Linda M. Dixon d/b/a “Whimsical Eye”

 

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

VOTED:  To issue a second-hand license to Linda M. Dixon d/b/a Whimsical Eye for property located at 47 Oak Street for 10:00 AM to 6:00 PM, seven days per week.

            Unanimous Vote.

 

Request to Increase Hours on Common Victualer License – “Stef’s Eatery”

 

Frank Dooley was present.  He told the Board that he is asking for an increase in his hours to 4:00 AM Monday through Saturday.

 

Selectman Bond asked what type of business Mr. Dooley would get.

 

Mr. Dooley said lately it has been the “bar crowd”.  He said, originally, it was for snow plowers.  He noted he has not had any issues in the 6 weeks he has been open.

 

Mr. Dooley said a police detail would be required if there are any problems.

 

Selectman Bond cautioned not to allow the establishment to become a “hangout” for substance abuse sales.

 

Selectman Wiksten asked if the owner of the property approved the request.

 

Mr. Dooley said as long as the people upstairs aren’t disturbed.

 

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

VOTED:  To approve the request for “Stef’s Eatery” to increase hours as follows, revising the request if there are any incidents or reports of problems:

            Monday through Saturday         5:00 AM to 4:00 AM

            Sundays                                   7:00 AM to 10:00 PM

            Unanimous Vote.

 

Request to Waive Fine – Michael McCarthy

 

The Board received a request from Michael McCarthy, 31 Chadderton Way, to waive a $50 fine that he was issued for violating the town’s water ban.  Mr. McCarthy said he was not aware of the ban.

 

Mr. Healey said 26 fines have been issued since the ban was issued.  He said Mr. McCarthy’s sprinkler system had been running.  All residents in the neighborhood with systems running were fined.

 

Mr. Healey said Mr. McCarthy’s claim of lack of knowledge could be factual, but warned the Board would set a precedent by waiving the fee.  He noted that the September 18, 2000 Special Town Meeting authorized the Board to impose such a restriction and fine.

 

Selectwoman Brunelle said notice was put in both local newspapers and put on cable.  She said she did not know of a more expedient way to notify residents.

 

Mr. Healey told the Board that there are now signs at “Dudley’s Corner” and at the green.

 

Selectwoman Brunelle suggested two (2) additional signs for north and south Middleborough.

 

Selectman Wiksten suggested the rotary area would be the best location for a sign.

 

It was noted that the ban had been in effect for 1 week when Mr. McCarthy was fined.

 

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

            VOTED:  To deny the request of Michael McCarthy to waive the $50.00 fine.

            Unanimous Vote.

 

Selectwoman Brunelle noted that, under the Bylaw, before warnings or violations are given, notice must be placed in the local newspapers.  She said the Board had complied with the Bylaw.

 

Request to Sign Engagement Letter and Release – Thevenin, Lynch, Bienvenue, LLP

 

The Board received an Engagement Letter and Mutual Release from Town Counsel in regards to Thevenin, Lynch, Bienvenue, LLP, and the FY03 and FY04 audits.

 

Selectman Bond asked if Town Counsel recommended signing the documents.

 

Mr. Healey noted that Town Counsel had drafted them.

 

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

VOTED:  To table this item for one (1) week to contact Town Counsel for his recommendation on signing.

            Unanimous Vote.

 

Selectman Bond said he was concerned with a series of admissions in the documents, and whether or not they could be damaging to the Town from a legal standpoint.

 

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

 

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

VOTED:  To approve the request of Professional Bartending Service, Inc. for a one day Liquor License for an event to be held at the Oak Point Community Room on Saturday, August 6, 2005, from 5:00 PM until 10:00 PM.

            Unanimous Vote.

 

Request to Approve & Sign Notes – Treasurer/Collector

 

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

            VOTED:  To award the following bids

School Roofs                            $400,000         Eastern Bank                            3.10%

Highway Chapter 90                 $11,800           UniBank for Savings                 3.49

Landfill                         $365,000         Eastern Bank                            4.40%

            Unanimous Vote.

 

Request to Approve Installation of Water Savings Devices – Water Superintendent

 

The Board received a report from the Water Superintendent informing them that he had met with Robert Montanaro of Cubellis Saivetz Associates Inc., Project Manager for the Carver Shaws Complex, and Joseph Gratten, the Plumbing Contractor for Simeone Associates, to determine the best means of installing water saving devices in Middleborough municipal buildings in accordance with the Middleborough/Carver/Simeone Water Agreement.

 

The total savings will be 18,149 with the biggest savings being in schools.  The Town has committed to supply 9,000 g.p.d. for the project.

 

Mr. Tinkham said the contractor will begin installing the devices next week.

 

Selectwoman Brunelle noted that this finalizes the agreement.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

Water Shortage Review

 

Mr. Healey told the Board that he has reviewed the reasons for the dramatic reduction in water storage the week of June 20th to June 27th.

 

Mr. Healey said consumption has increased dramatically since the Tispaquin 2 well and the Spruce Street well went on line in 1988 and 1989.  Actions, including acquiring additional well sites, are being worked on.

 

Mr. Healey told the Board there were two (2) main reasons for the dramatic reduction.  First, the Vyredox system on the East Main Street well requires recharging every 385 hours in order to maintain its yield and water quality.  The East Main Street 1 well was taken off line on June 20th to be recharged.  The process can take from 3 – 10 days to complete.  This time it took seven.  He said it took 500,000 gallons over the 7 days to recharge the well.  The water loss to the system during this period added to the consumption during the “heat wave” resulted in the major impact.

 

Mr. Healey said he recommended continuing the ban through the expected heat wave this week, and reconsidering the restriction at the Board’s next meeting.

 

Selectwoman Brunelle asked if the “recharge to the well” was planned.

 

Mr. Healey said it is in the sense that it is required when 385 hours gets used up.

 

Selectwoman Brunelle asked what has been implemented to prevent another emergency situation.

 

Mr. Healey said he has asked the Water Superintendent to stay on top of the pumping needs, and to maintain a 90% level in the storage facilities.

 

Selectman Wiksten said there is no reason to tell residents there isn’t enough water.  He said, other than the one well being down, the levels were not being monitored.  He said he hoped this scenario never happens again, adding it should never have gotten to this point.

 

Selectman Bond asked if customers in outside communities are abiding by the ban.

 

Mr. Healey said the Water Department staff, through officials of both communities, are monitoring.

 

Trash and Recycling Fee Update

 

Selectman Bond asked Mr. Healey to provide the DOR guidelines that were used to back up his figures when calculating the necessary trash fees.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by the MMA for dues in the amount of $2,528.

            Unanimous Vote.

 

OTHER

 

Selectwoman Brunelle said she wanted to clarify the request made by the Board to the Town Accountant to pay outstanding Massamount Insurance bills.  She said the request was to make the payments out of the line item for property and liability, not the Trust.

 

Mr. Healey was asked to contact the Town Accountant to clarify.

 

CORRESPONDENCE

 

v     A meeting will be held on Friday, July 22, 2005 at 2:30 PM in the Town Hall Auditorium to discuss the reconstruction of Rte. 44.

 

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

 

 

VOTED:  To sign the Septic Betterment Agreement for 1 Kings Way.

Unanimous Vote.

           

Mr. Healey will speak to the Health Officer to make sure, that in the future, checks are not issues until these agreements are signed.

 

v     Discussion ensued on correspondence from the Historical Commission asking for an update on the Freight House on the Washburn property.

 

Mr. Healey said the Town has spent a considerable amount of money to close the holes, and didn’t know if it’s been reopened.  He said he would look into it.

 

Selectman Bond suggested the Building Commissioner provide a report to the Board on the building’s condition.

 

Jane Lopes asked if there were any plans for the sale or auction of the property.

 

Selectwoman Brunelle said the Board had recently received a letter of interest for a Children’s Museum.

 

Selectman Bond noted a letter from Judith Bigelow-Costa suggesting it be used for a train depot.

 

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

VOTED:  To ask the Building Commissioner to provide a written report to the Board, of the condition of the building, for the Board to discuss the issue in two (2) weeks.

Unanimous Vote.

 

            Mr. Healey said he would speak to Mr. Whalen.

 

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

VOTED:  To authorize the COA to hire a replacement driver.

Unanimous Vote.

 

It was noted that an explanation was not received for another posting for the COA in accordance with the recent hiring freeze that was reinstituted by the Board.

 

Mr. Lang will be asked to provide an explanation for the posting prior to distributing it.

 

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

VOTED:  To provide clarification to all departments that, because of the hiring freeze, an explanation is requested for all job postings prior to distributing them.

            Unanimous Vote.

 

v     Correspondence was received from Town Counsel regarding the Law Department budget.  Bills from Special Counsel have exceeded the estimate that was supplemented at Town Meeting, and the bills will have to be paid as ‘unpaid bills’ at the next Special Town Meeting.

 

Selectman Bond suggested that Special Counsels could be eliminated by having an “in house counsel” as opposed to an hourly counsel.

 

Mr. Healey said outside counsels are used because of specialized topics.  This is what is driving up the cost, not Town Counsel.

 

v     Discussion ensued on a report from Hayward, Boynton & Williams Inc. on the evaluation of the impact of the O’Connor Earth Removal project on the abutting well. 

 

The Board’s Secretary explained that the abutter, Lynn Kostachuk, had contacted the Selectmen’s office expressing concerns that her water pressure has significantly decreased. 

 

The Engineer was asked to provide the well monitoring reports, which have not been received to date.

 

Mr. Healey said, as the Board’s Agent, he would contact the engineer to be sure the monitoring is being done as required.

 

Selectman Wiksten said if the project is not in compliance by the next inspection, it should not pass.

 

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

VOTED:  To nominate George Stetson, and Ted Lang as alternate, as the Town’s representatives to the Old Colony Elderly Services.          

Unanimous Vote.

 

 

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

            VOTED:  To adjourn at 8:45 PM.

            Unanimous Vote.

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN