SELECTMEN’S MEETING

JUNE 28, 2004

 

 

Chairman Perkins called the meeting to order at 7:00 PM.

 

Selectman Bond, Selectman Wiksten, Selectman Andrews, and Selectwoman Brunelle were present.

 

 

SELECTMEN’S MINUTES

 

There were no Minutes to be approved tonight.

 

HEARINGS, MEETINGS & LICENSES

 

Meeting with Larry Koff – RE:  Community Development Plan

 

Mr. Koff was not present for tonight’s meeting.

 

Meeting with Middleboro Veterans’ Memorial Park Committee – RE:  Memorial

 

Paul Provencher, and many veterans, were present.

 

Mr. Provencher told the Board that the actual markings for the Memorial have been placed on the Town Hall lawn.  He told the Board that the Committee continues to raise money for the Memorial.

 

Mr. Provencher told the Board that Barnicoat Monuments is finding the actual cost of the granite, and preparing to order it.  It will take approximately three (3) months.  He said he estimated that the ground breaking would take place at the end of September, or early October.  This will be the start of Phase 1.

 

Mr. Provencher said the War Dead Memorial will be moved under the supervision of Stanley Barnicoat.  Once this is moved, a crane will be brought in from South Main Street.  Byrne Sand & Gravel will put in the new foots, and W.L. Logan will dig.

 

Mr. Provencher told the Board that the Robbins Museum will do “test beds” on the site in advance of the excavation.

 

A suggestion has been made to use shipboard chain as a fence around the memorial.  Mr. Provencher said the Committee is inquiring about using the actual chain from the USS Caron.

 

Eleven of fourteen benches have been sold for $600 each.  They will be engraved with a particular war or conflict, and will have the name of the donor.  Almost 400 bricks have been sold, and continue to be sold at a steady rate.

 

Mr. Provencher told of upcoming fundraisers, including a golf tournament, a wine tasting, and a performance by Scott Record.

 

The Memorial will be handicapped accessible, not only from the walkway from the street, but around the park.

 

A 20’ tree has been donated, as well as many of the services.

 

Chairman Perkins commended the Committee for their progress thus far.

 

Meeting with Weston Memorial Committee

 

Harry Pickering, Chairman of the Weston Memorial Committee, was present.  He told the Board he was here to expedite some things.  He said this project had begun a long time ago and needed to progress more rapidly.  He said the Committee is asking permission to go ahead with the plan that was presented to the Board.  He said there might be some slight reconfiguration from the State Commissioners of Conservation.

 

Selectwoman Brunelle said it appeared the property was under the jurisdiction of the ConCom.

 

Mr. Pickering said he had discussed this with Richard Chamberlin, Chairman of the ConCom.  He said they are not interested.  He said about 21 acres of the 300+ are under the jurisdiction of the ConCom.

 

Chairman Perkins said the plan is well defined, and he said he hoped the Committee would work with all other parties.

 

Selectman Wiksten agreed that the document was thorough, noting it spoke of the uses, rare species of plants, and stipulated the width of paths.

 

Discussion ensued on the document describing uses for the Memorial that the Board had previously adopted.

 

Chairman Perkins said this plan should supercede it.

 

Selectman Andrews asked where the funding would come from to carry out the plan.

 

Mr. Pickering said the Committee would probably ask to be put on the Town Meeting Warrant.

 

Selectman Andrews asked if there was room, within reason, to deviate from the plan.

 

Selectman Bond said the plan states that it is a “Guideline”.

 

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

VOTED:  To adopt the ‘Project Plan for the Development of the Fred Weston Memorial Forest’ as originally reported to the Board of Selectmen on March 10, 1970.

            Unanimous Vote.

 

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

VOTED:  To rescind the previous vote of the Board taken on March 3, 2003 in regards to uses of the Forest.

            Unanimous Vote.

 

Meeting with Bette Brown – RE:  Earth Removal Permit

 

Bette Brown, Korpinen Cranberries, met with the Board.  She has requested a “Certificate of Completion” for the Earth Removal project on Tispaquin Street.

 

Selectman Bond removed himself from this meeting due to a conflict.

 

Ms. Brown told the Board that there had been two previous issues that have been corrected:  An ‘As-built Plan ‘ has been submitted, and photos were given to the Board showing grassing of areas that are to be left flat.

 

Chairman Perkins noted that the Board had not visited this site.

 

Selectman Wiksten said he would like to do a site visit.  He explained that he wanted to “see for himself” before issuing a Certificate of Completion to be fair to the next person who might ask.  He also said the Town Manager should be part of the visit.

 

Selectman Wiksten said he wanted to see that substantial grass has been planted, suitable of controlling and accepting rain.

 

Ms. Brown told the Board that the property is for sale, and she did not want any “negative carryover”.

 

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

            VOTED:  To continue the meeting with Bette Brown to July 12th.

            Unanimous Vote.

 

Selectman Wiksten and Chairman Perkins will report back to the Board.

 

 

 

Meeting with Keith Crochure – RE:  EAP Trainings

 

Keith Crochure was present.  He gave the Board information regarding available trainings through EAP.

 

Mr. Crochure told the Board that the Town has benefited from EAP services since 1991.  Confidential, professional services are offered to employees to provide assistance for life problems.  He said his office is in Taunton, and someone is available 24/7 to answer calls.  EAP will also provide up to five (5) visits at no cost to a “loved one” of a Town employee.

 

Mr. Crochure suggested 10 to 12 people attend a requested training.

 

Selectwoman Brunelle suggested Mr. Crochure put together a proposal of a training program to see how Department Heads would feel about it.  Department Heads could also make suggestions for trainings.

 

Mr. Crochure said surveys on training topics have been done, but another could be done.  He said there is a 6-week management group, which blends all topics.

 

Selectman Andrews suggested sending a letter to other elected officials making them aware of the service.

 

Chairman Perkins said he was not opposed to sending a letter to Department Heads and Managers.  He will coordinate this with Mr. Crochure.

 

Hearing (cont.) – Request for Class II License – T&M Enterprises – 581 Wareham Street

 

This hearing was continued at the request of the applicant.  It is rescheduled for July 12th at 8:15 PM.

 

Selectwoman Brunelle asked for clarification of who owns the property.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

There was no update given tonight.

 

Request to Approve Extension of Time – Weston & Sampson

 

Richard Tinkham, Water Superintendent, introduced Barbara Cook of Weston & Sampson.

 

Ms. Cook, the project engineer, said the request is in reference to the cleaning and lining contract.  The request is to extend the contract for two (2) weeks.  She said Walsh Co., has requested a 15 day extension which would extend the completion date from October 19th to February 27th.  Half of the time for the request is due to unknown underground conditions.  The other is to address the temporary bypass piping which is being laid.

 

Chairman Perkins asked why an additional bypass is necessary.

 

Ms. Cook said this is an insurance policy.  It has been suggested that 2” and 4” piping be laid.  She noted there had been issues from the Fire Chief in regards to fire flows if a fire should occur.  A compromise was worked out with him.

 

Chairman Perkins asked what the cost would be for the extension.

 

Ms. Cook said it would be $10,000 to $20,000.  The total amount requested had been $1.3 million.  She also noted that Weston & Sampson would also need to be paid an additional amount to review the amendments.  This would be approximately $900 - $1000/day, or $13,000 to $15,000.

 

Chairman Perkins asked if “givebacks” had been considered in the additional cost.

 

Ms. Cook said no, that the additional money quoted would “be the max”.

 

Chairman Perkins said he would like a more realistic number. 

 

Ms. Cook said the total would be no more than $20,000, but said she could get a more realistic number.

 

Selectman Wiksten noted the additional money for W&S, saying it was for fulltime inspection services that may not actually be overtime.

 

Selectman Wiksten asked why a larger main wasn’t originally used.

 

Ms. Cook said the review process had been done with utility contractors, and input from the Fire Department wasn’t included.

 

Selectman Wiksten asked if this would change dates for any roads that are to be paved.

 

Ms. Cook said the time table shouldn’t be effected.

 

Discussion asked where the responsibility lied with W&S and the Contractor, in regards to the additional money.

 

Ms. Cook said W&S gets all the information they can from existing underground utilities.  She said it is a “guessing game” for some which were installed in the early 1900s.

 

Selectman Andrews asked if the Town knew there could be additional monies required when the contact was signed.

Ms. Cook said Middleborough is the first Town to be concerned with the fire flows.  She said most towns are willing to “take the risk” to go with lower size water mains.

 

Chairman Perkins asked if this would come under the “5% contingency clause”.

 

Ms. Cook said there should not be an issue with appropriation.  The extension is the only thing required to be approved by the Board.

 

Chairman Perkins said he would like a “tight number”, taking into considering other areas where Walsh hasn’t had to use everything built in.

 

Tom White, Susan Lane, asked why W&S would not know the location of the utilities.

 

Ms. Cook said the issue was size, not location.

 

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

VOTED:  To approve the request for a 15 day extension for the cleaning and lining contract with Walsh Co.

            Unanimous Vote.

 

Request to Appoint Member to Board of Registrars – Town Clerk

 

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

            VOTED:  To appoint Giselle Lincoln, 13 Leilo Drive, to the Board of Registrars.

            Unanimous Vote.

 

Request to Approve & Sign Betterment Agreement – Capachione – 240 Plymouth Street

 

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

VOTED:  To approve and sign the Septic Betterment for Paul & Pamela Capachione, 240 Plymouth Street, in the amount of $24,060.

            Unanimous Vote.

 

Request to Approve & Sign Betterment Agreement – Smith – 174 Wareham Street

 

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

VOTED:  To approve and sign the Septic Betterment for Robert & Kris Smith, 174 Wareham Street, in the amount of $11,350.

            Unanimous Vote.

 

Request for Permission to Pass through Community – Rodman Ride for Kids

 

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

VOTED:  To allow the Rodman Ride for Kids to pass through Middleborough on Saturday, October 2, 2004, and to donate any funds to the Park Department.

            Unanimous Vote.

 

Request to Appoint Special Counsel – Waste Management Advisory Committee

 

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

VOTED:  To appoint Attorney John Giorgio from the firm of Kopelman & Paige to act as special counsel to the Waste Management Advisory Committee.

            Unanimous Vote.

 

Selectman Bond told the Board that he had been present when interviews were conducted, and agreed that Attorney Giorgio has the intelligence and understanding of the circumstances.

 

Request to Approve & Sign Title 5 Septic Betterment Short Term Notes – Treasurer/Collector

 

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

VOTED:  To approve and sign the forms pertaining to the July16, 2004 Bonding of the third round of the Title 5 Septic Betterment short term notes as requested by the Treasurer/Collector.

            Unanimous Vote.

 

OLD BUSINESS

 

Update on Eagles Club

 

Edward Medeiros, owner of 23 Wareham Street, met with the Board to tell them that he has acquired all the required permits for the demolition of the old “Eagles” building.  He said he is still waiting for notification from DEP.  Demolition is scheduled for July 12th.

 

TOWN MANAGER’S REPORT

 

Mr. Healey was on vacation this week.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by Thevenin, Lynch, Bienvenue, LLP in the amount of $4,500.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $23.11 and $23.13, totaling $46.24.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Hathaway Publishing in the amount of $1,784.50.

            Unanimous Vote.

 

OTHER

 

v     Acknowledgement was given to the Middleborough Gas & Electric Department for sponsoring Kramer Park.

 

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

VOTED:  To send a letter of support to Pro Homes Inc. in their application for federal money.

      Unanimous Vote.

 

v     Upon motion by Selectman Andrews and seconded by Selectman Wiksten, the Board

VOTED:  To recommend that the Town Accountant forward a request to the FinCom in regards to a $500 shortfall for services rendered in regards to GASB.

Unanimous Vote.

 

v     Selectwoman Brunelle suggested that the Personnel Board be asked to draft policies to present to Town Meeting for bylaws regarding a Wage & Classification Plan for Non-Union Employees, and also maternity leave for Non-Union Employees if not already addressed in the Benefits Agreement.

 

It was suggested that a policy on Sexual Harassment and Workplace Violence also be adopted as bylaws.

 

Chairman Perkins said he was not opposed, but suggested Town Counsel advise as to making it a bylaw.

 

Selectman Wiksten said was agreeable, but did not believe it required a bylaw.  He said what the Town lacks is an “Official Handbook” as to what is expected of all employees.  This could be given to all new and future employees, once it is incorporated in Contracts as a “policy book”.

 

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

VOTED:  To request that the Personnel Board draft a “policy book” to be reviewed by the Board.

      Unanimous Vote.

 

CORRESPONDENCE

 

ü      A letter of thanks from the COA was send to the Middleborough Services to the Elderly for financial assistant of $240 to provide materials to repair and install new billiards pockets on one of the pool tables in the Game Room.

 

ü      The decision of the Board to euthanize “Zippy” has been upheld.  It is being appealed to a Judge on July 16th at 9:00 AM.

 

ü      The Historical Commission has endorsed the change of plans for the Veteran’s Memorial Park.

 

ü      A “civil matter” complaint in regards to Hillcrest will be referred to the Police Department.

 

ü      Cirelli’s is planning an expansion to their location, which will include a 130,000 sf cooler/freezer.

 

 

 

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

VOTED:  To enter into Executive Session at 8:55 PM, not to return to Open Session, to discuss Litigation and Contract Negotiations.

A poll vote was conducted.  Selectman Bond, Selectman Wiksten, Selectwoman Brunelle, Selectman Andrews, and Chairman Perkins approved.

            VOTE 5 – 0

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN