SELECTMEN’S MEETING

SEPTEMBER 11, 2006

 

 

Chairman Perkins called the meeting to order at 6:34 PM.

 

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

Selectman Spataro was absent.

 

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

VOTED:  To enter into Executive Session for the purpose of Collective Bargaining, to return to Open Session.

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

            VOTE 4- 0

 

-----RECONVENE-----

 

The Board reconvened to Open Session at 7:28 PM.

 

Chairman Perkins apologized for beginning the meeting late, explaining the Board had been in Executive Session.

 

Chairman Perkins asked for a moment of silence in memory of the victims of 9/11.

 

Chairman Perkins asked the Board to approve scheduling a hearing regarding the Veterans’ Services Officer for next week given the lengthy agenda.

 

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

VOTED:  To schedule a hearing with the Veterans’ Services Officer for September 18th at 8:15 PM.

            Unanimous Vote.

 

SELECTMEN’S MINUTES

 

The Minutes were held for approval at next week’s meeting.

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Dog Complaint – Dovner – 10 Winter Street

 

Animal Control Officer, Jayson Tracy, was present.

 

Mr. Tracy told the Board that the complaint is in regards to an August 2, 2005 dog bite to Laurel Bannon by the Dovner’s dog.  On August 8, 2005 a permanent restraining order was placed by then ACO Bill Wyatt.  This stipulates that, in addition to the leash law, the dog must be contained or leashed while on the owner’s property.  On July 25th of this year Mrs. Bannon saw the dog loose.

 

Mr. Tracy said both parties have worked out a way to “make Mrs. Bannon feel more comfortable”.  A fenced-in pen has been erected in the yard.  Mr. Tracy said he has not inspected it.  If it is acceptable to the Bannons, he suggests giving the owners another chance to keep the dog.

 

Michael Dovner told the Board that, since the complaint, he had a company come in to construct a fenced-in area.  Mr. Bannon had looked at it.  The dog can only go from the laundry room door to the fenced-in area.  Mr. Dovner said he didn’t look forward to coming here again, and said he “thinks he’s cured the problem”.  It was noted that the pen was installed on August 17th.

 

Mrs. Bannon addressed the Board.  She said the dog is approximately 120 pounds and had “latched on” to her as she was running by.  She said the dog sat at the end of the driveway and waited until she approached.

 

Chairman Perkins asked if the Bannons were satisfied with the construction of the pen.

 

Mr. Bannon said he would be if the dog stays in the pen.

 

Mrs. Bannon said she didn’t feel safer with the pen.  She said there are multiple doors coming out of the house and one could inadvertently be left open for the dog to get loose.

 

Selectwoman Brunelle asked Mr. Dovner what assurances he could make.

 

Mr. Dovner said the fence is 6’ high.  He said he didn’t want to come back before the Board and didn’t want any problems with his neighbors.  He said his kids are aware that there is only one door to be used.  The gate on the pen is under lock and key and he is the only one who has the key.

 

Selectman Bond asked Mr. Dovner if he would agree to relocate the dog to another town if the dog got loose again.

 

Mr. Dovner said it would “depend on the circumstances”.

 

Selectman Bond asked how old the dog is.

 

Mr. Dovner said about 9 years old.

 

Selectman Bond said a decision should be made beforehand as to what would happen if the dog got loose again.

 

Mr. Healey asked Mr. Dovner if he had an explanation for why the dog bit Ms. Bannon on that day.  He also questioned why the dog was on the edge of the road.

 

Mr. Dovner said the dog has always been loose since he was a puppy.  He said someone “took his eyes off the dog” and he ended up at the edge of the driveway.  He said he put up the fence so that it wouldn’t happen again.

 

Mr. Healey asked if there was ever an attack element in the dog’s obedience training.

 

Mr. Dovner said no.

 

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

      VOTED: 

1.                  The dog will be kept in a pen to be constructed subject to the Animal Control Officer’s approval, or otherwise kept on a leash; and

2.                  If the dog is found outside of the pen, off of a leash, the owner is ordered to relocate the dog out of Middleborough.

Unanimous Vote.

 

Hearing – Request for Transfer of Liquor License – Center Avenue, LLC – 160 Center Street

 

Chairman Perkins read the following:  “A hearing will be held by the Board of Selectmen on Monday, September 11, 2006, at 7:15 PM, in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA, to discuss the request to transfer an Annual All-Alcoholic Restaurant License in the name of Shawn A. Lemmo d/b/a Center Ave Café, to Center Avenue, LLC d/b/a Center Ave Café.  The property is located at 160 Center Avenue, Assessors Map 50N Lot 5919, Middleborough, MA.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

The request is a result of a change of the corporate structure.  The license had previously been held by an individual.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To approve the request to transfer an Annual All-Alcoholic Restaurant License in the name of Shawn A. Lemmo d/b/a Center Ave Café, to Center Avenue, LLC d/b/a Center Ave Café, 160 Center Avenue, Assessors Map 50N Lot 5919.

            Unanimous Vote.

 

Hearing – Dog Complaint – McCarthy – 37 Claire Terrace

 

Jayson Tracy was present.

 

Mr. Tracy told the Board that “Magic” is presently the most complained about dog in Middleboro.  He said it has been loose 9 times since March.  A hearing was already held by the Selectmen on May 15th at which time the owner was order to pay $80 for violations.  The dog remains unlicensed and unvaccinated. 

 

Mr. Tracy said the owner, RobynLee McCarthy, has asked about surrendering the dog on 2 occasions. 

 

Mr. Tracy said the dog has been loose twice since the previous hearing.  He has received 11 barking dog complaints from 4 different residences.  He said he doesn’t have any tools to deal with the barking dog issue.

 

Chairman Perkins asked for Mr. Tracy’s recommendation.

 

Mr. Tracy said a financial penalty should be assessed every time a complaint is verified through a Police Officer or the ACO.  He said he “doesn’t know how to enforce it”.  The issue is the “fine”.

 

Chairman Perkins asked if there was anything in the Town Bylaws that would assess a penalty against barking.

 

Mr. Tracy said there is not.  There is a Bylaw regarding unlicensed dogs.

 

Mr. Tracy said the process is to give verbal warnings, then a written hang tag.  After 30 days a demand letter can be sent for $10.00.  He said this is not practical.

 

Chairman Perkins asked about picking the dog up.

 

Mr. Tracy said he can’t on the owner’s property.

 

Selectman Bond noted under MGL Ch. 140 an Order may be made after an investigation for the restraint or disposal of the dog.

 

Mr. Tracy said he has the authority to collect the dog.

 

Mr. Healey noted the owner was not present.  He said she has discussed giving up the dog on 2 occasions.  He said the dog is a nuisance to the neighborhood when Ms. McCarthy is not home.  He said she is not capable of managing the behavior of the dog.

 

Selectman Bond asked how old the dog was.

 

Mr. Tracy said 10 years old.

 

Selectman Bond asked about the dog being adopted.

 

Mr. Tracey said he would be hesitant.

 

Selectman Bond asked if there was a training the dog could go to regarding the excessive barking.

 

Mr. Tracy said there are devices such as bark collars.

 

Selectman Bond asked if they were expensive.

 

Mr. Tracy said no.

 

Chairman Perkins asked if the $80 in fines had been paid.

 

Mr. Tracy said no.

 

Mr. Healey said if the owner is not paying the fines, she would not be inclined to spend the money for a collar.

 

Selectman Bond suggested asking the owner to get the collar within 10 days and waiving the fines.

 

Selectman Andrews said the fines should be paid.

 

Chairman Perkins said this was not the first time the owner has not showed up.  He said it was insulting to the Board.  He said the fines have not been paid, there are many complaints, and the Board needs to do something.  He said the neighbors should not put up with this.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

VOTED:  To direct the Animal Control Officer to immediately take the dog into custody, allowing the owner to retrieve the dog, within 2 weeks, if the previous fine of $80.00 is paid and proof of purchase of a collar to prevent the barking is presented.

            Unanimous Vote.

 

Mr. Tracy said there is not a great outlook on this dog and there probably would “not be a happy ending”.

 

Hearing – Dog Complaint – Chermocha – 18 Cherry Street

 

Jayson Tracy was present.  He told the Board that on May 6, 2002 Laura Chermocha’s dog attacked and bit a dog owned by Howard and Jane Crosby.  A Permanent Restraining Order was placed on the dog.  On November 24, 2005 the dog attacked and bit the Crosby’s dog again.  It happened again on July 30, 2006 at which time the Crosby’s dog required surgery.

 

Chairman Perkins asked for a recommendation.

 

Mr. Tracy said the dog has already been placed on a Permanent Restraining Order which has been broken on at least 2 occasions.  He said it attacked another dog on its own property, leaving a severe bit requiring surgery.  He said he did not have faith that the Chermocha’s can maintain the dog on their property.  He suggested the dog be removed from town or euthanized.

 

Ms. Chermocha told the Board that her dog was not involved in the November attack.  She said the Crosby’s dog sits “just outside of the reach of the dog” and antagonizes it.  It broke the run.  She said every time the dog has attacked, the Crosby’s dog has been in their yard.  She explained that the back yards abut each other.

 

Selectwoman Brunelle questioned why the Crosby’s dog is not restrained.  She said there were no reports of the dog being off its property.

 

Mrs. Chermocha said she has never called.

 

Mr. Chermocha said the last attack was their fault, admitting the dog had run out the door.  He said restitution was made on the last bite for the vet bill.

 

Jane Crosby said her dog is 13 years old, has cataracts, arthritis, and is deaf.  She said he doesn’t wander out of the yard and is afraid of other dogs.  She said he may have crossed over the property line just into the other yard as the fence that was there has fallen, but never goes near the other dog.  She said the most recent attack left the dog with 13 staples and stitches.  She also said it was the Chermocha’s dog that attacked hers on Thanksgiving.

 

Selectman Andrews asked how come Mrs. Crosby doesn’t keep her dog on a leash.

 

Mrs. Crosby said he knows his boundaries.

 

Mr. Tracy explained that a dog can be loose on the owner’s property unless it is on a Permanent Restraining Order.

 

Selectman Bond asked where the Chermocha’s dog physically was during the incident on Thanksgiving.

 

Mrs. Crosby said it was on her property.  She also said the first attack happened while her husband was putting water in the fish pond on their property.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

Selectman Bond asked Mr. Tracy why he had made the recommendation to remove the dog or euthanize it.

 

Mr. Tracy said this dog has been off the property 3 times in 4 years.  It has attacked another dog 3 times.  He said the other dog would not survive another attack.  He said the first 2 times should’ve been wake up calls.  He said the dog is aggressive towards other dogs, and if brought to the pound he would have to put it down.

 

Selectman Bond noted Mr. Tracy’s recommendation wasn’t as harsh during the first hearing tonight in which a woman was bitten. 

 

Mr. Tracy said that was because the parties had come to an agreement.  He said the Crosby’s don’t want the dog to remain and he didn’t blame them.

 

Mrs. Crosby told the Board that the dog had come after her during the last attack.

 

Mrs. Chermocha said she sometimes takes her dog to family gatherings where other dogs are present.  She said there have been no problems.

 

Selectman Bond asked if it would be possible to relocate the dog.

 

Mrs. Chermocha said her kids live out of State and would have to move from their current home to accommodate the dog.

 

Selectwoman Brunelle said these hearing are always tough.  She said there were three (3) choices to resolve this incident:  euthanasia, relocate out of town, or a fenced in pen rather than a lead.

 

Selectman Bond said if the dog is fence in it would bark.

 

Selectman Bond asked Mr. Tracy if a fenced in pen with a bark collar would work.

 

Mr. Tracy said the door would have to be open to get into the pen.

 

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

VOTED:  To vote the following conditions, in addition to the previous Restraining Order that was placed on the dog:

1.      The dog will be kept in a pen to be constructed within 30 days, subject to the Animal Control Officer’s approval;

2.      The dog will wear a collar to prevent barking;

Unanimous Vote.

 

Selectwoman Brunelle asked Mr. Tracy to report back to the Board in 30 days for a status report.

 

Chairman Perkins asked what would happen if the dog were loose in the next 30 days.

 

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

VOTED:  To instruct the Animal Control Officer to remove the dog and relocate it or euthanize it if the dog is found to be off the property within the next 30 days.

Unanimous Vote.

 

Mr. Tracy said he cannot remove the dog from town, so the only option would be to euthanize it because it would be too aggressive to keep at the pound.

 

Meeting with Library Director – ‘Library Card Signup Month’

 

Danielle Bowker, Library Director, was present.  She passed out the new style Library Cards to the members of the Board.

 

Ms. Bowker explained that the new cards will allow online access for live homework help from 5 PM to 10 PM for grades 4 through college freshmen.  She said there are also many online practice tests.

 

It was also noted that passes are available for aquariums, zoos, and museums.

 

Meeting with Health Department – RE:  Establishment of Vaccination Fees and Household Kennel Regulation and Fees

 

Establishment of Vaccination Fees

 

Mary Jane Johnson, one of the Public Health Nurses, was present.  She explained that the Health Department is proposing to increase the immunization administration fee from $5 to $10 per injection, and from $10 to $15 for multiple injections.  The request is also to charge a $10 administration fee for each flu and pneumonia vaccine for the people whose insurance cannot be billed for reimbursement.

 

Ms. Johnson said the State allows an administrative fee up to $15 to be charged.

 

Chairman Perkins asked about those people who might not otherwise get the vaccine if it wasn’t free.

 

Ms. Johnson said no one would ever be refused.  If they can’t afford the fee, they won’t be denied.

 

Chairman Perkins was concerned that people would be embarrassed.

 

Ms. Johnson said, in the past, a donation box has been used.  She said people have been generous. 

 

Chairman Perkins said he understands the need for the fee, but said charging for the flu vaccine “may be a negative”.

 

Ms. Johnson said the Health Department does charge $5 for childhood immunizations and people readily pay.

 

Selectwoman Brunelle said she understood the charge for childhood shots but had a problem charging for the flu and pneumonia shots.  She said she didn’t want to discourage anyone.

 

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

VOTED:  To increase the immunization administration fee from $5 to $10 per injection, and from $10 to $15 for multiple injections. 

            Unanimous Vote.

 

Household Kennel Regulation and Fees

 

Jayson Tracy told the Board that a “situation” had arose with regards to kennel renewals.  He said, under the law, anything more than 3 dogs requires a kennel license if they are over 3 months old.  There are 3 types of kennel licenses:  hobby (3-5 dogs), private (6-9 dogs), and commercial (10+ dogs).

 

Mr. Tracy said the property has to be zoned in for a kennel license through the ZBA and they are inspected each year.

 

Mr. Tracy said that past practice has been to count the dogs “per person”.  If Mr. Smith and Mrs. Smith have 6 dogs, each could license 3 and no kennel license would be required.

 

Mr. Tracy said there are a number of households that have 4 dogs.  There are steep fees involved in obtaining a kennel license:  $300 for the application and an additional $140 to publicize, on top of other fees.  He said for a person with 4 – 5 dogs for multiple years this would be realistic.

 

Mr. Tracy said under MGL Ch 140 a Town may make additional ordinances and bylaws.

 

Mr. Tracy suggested a “permit” instead of a license for 4 – 5 dogs.  He said there are specific instances, such as a breeder or shelter that have to register with the State. 

 

Owners of 4 – 5 dogs would apply for a permit and would be held to the same criteria as the kennel license.  An annual inspection would be done for food and shots.  However, it would keep the out-of-pocket expenses from being so high.  The cost of the permit would be $25 and each dog would have to be licensed individually.  At most, this would cost $75 per year. 

 

Mr. Tracy said he is trying to get everyone on “equal footing”.

 

Chairman Perkins said Mr. Tracy was “on the right track” but said he wanted to have a public hearing before voting.  He went through the document and informed Mr. Tracy of a few minor changes that needed to be made.

 

Selectwoman Brunelle questioned whether this should be a regulation or a bylaw. 

 

Chairman Perkins said it should be a bylaw.

 

Selectman Bond said Town Counsel should be asked which would be more effective.

 

Selectwoman Brunelle said it should be incorporated with the other bylaws.

 

Mr. Tracy said it is a State law.

 

Selectwoman Brunelle said a bylaw would make it more accessible to the public.

 

Mr. Tracy asked about those people who are not in conformance at this time.

 

Selectman Andrews questioned the need for a bylaw when there are already State laws in place.

 

Mr. Tracy said he is trying to work with the citizens to give another option within the scope of the law.

 

Selectman Andrews noted the difficulty enforcing the leash law and restraining orders.  He said that should be under control first before writing more laws.

 

Mr. Healey said previously allowing the permitting “per person” has created a problem.  Those people would now have to get a kennel license.  This would allow them to get legal without bankrupting them.

 

Chairman Perkins asked Mr. Tracy to present the document to Town Counsel for legal advice.  A public hearing will be scheduled following that.

 

NEW BUSINESS

 

Request to Sign Conservation Restriction – Division of Fisheries & Wildlife – Cinnamon Ridge Estates

 

Chairman Perkins said the document is straightforward and the Conservation Commission is asking the Board to sign it.

 

Bart Foley, the developer of Cinnamon Ridge Estates, told the Board that ‘Natural Heritage’, a division of Fisheries & Wildlife, has asked for the restriction on the property to protect the Eastern Box Turtle.  He said 70% of the land cannot be developed.

 

 

Chairman Perkins questioned why Fisheries would prohibit hunting, fishing and trapping on the property.  He said 37 acres of land are being “lost”.

 

Joan Pierce, Division of Fisheries & Wildlife, was present for another subject.  She said she had just found out about this item.  She guessed that the area is probably mostly wetlands.

 

Mr. Foley said it is not.

 

Chairman Perkins asked why Fisheries would be involved.

 

Ms. Pierce said that the Natural Heritage Program is a part of the Fisheries.  They have their own regulatory program.  She said she would look into it.

 

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

            VOTED:  To approve and sign the Conservation Restriction.

            Unanimous Vote.

 

Request to Authorize Peirce Trustees to Paint Town Hall

 

Mr. Healey said the building will begin to be scraped tomorrow morning.  He also noted correspondence from Town Counsel saying that the Town doesn’t have to pay prevailing wages.

 

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

VOTED:  To authorize the Peirce Trustees to paint the Town Hall, and to allow the Trustees to negotiate a contract for the painting.

Unanimous Vote.

 

Request to Approve & Sign Septic Betterment Agreement – Soroka – 197 Wood Street

 

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

VOTED:  To approve and sign a Septic Betterment Agreement with Peter and Susan Soroka, 197 Wood Street, for $23,521.98.

            Unanimous Vote.

 

Request to Issue Certificate of Compliance – Beaton LeBaron Co., Inc. – ER Permit #03-2

 

Mr. Healey said he had no objection to the request.

 

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

VOTED:  To issue a Certificate of Compliance to Beaton LeBaron Co., Inc. for ER Permit #03-2.

            Unanimous Vote.

 

 

Request to Declare Surplus Property – Water Superintendent

 

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

            VOTED:  To declare the following items as surplus property to be disposed of:

1.                  1991 Chevrolet S-10 pick up truck – Plate M52611

2.                  Chevrolet 3500 pick up truck – Plate M73166

Unanimous Vote.

 

Request to Use Town Hall Parking Lot – Central Baptist Church

 

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

VOTED:  To approve the request of Central Baptist Church to use the Town Hall parking lot for “Trunk or Treat” to be held on Tuesday, October 31, 2006 from 5 PM to 8 PM.

            Unanimous Vote.

 

Selectman Andrews said that he felt the Church that is in the former Rock Village School should be given an opportunity to meet with the Board to give a timeline for moving out of the building.  He said he also wanted to know what prompted Town Counsel to write to the Board at this time regarding that rental.

 

The correspondence from Town Counsel was previously given to the Board in 2002.  It was put back in the packets because the Board’s Secretary had asked to put it on the Agenda for discussion. 

 

Selectwoman Brunelle explained that the discussion had ensued because the utility bills have increased over the years.

 

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

            VOTED:  To give the Church the opportunity to meet with the Board.

            Unanimous Vote.

 

Mr. Healey said he would be in touch with the pastor.

 

Request to Use Town Hall Lawn & Restrooms – Kiwanis Club of Middleborough

 

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

VOTED:  To approve the request of the Kiwanis Club of Middleborough to use the Town Hall lawn on Saturday, October 28, 2006 for a ‘jack-o-lantern festival’.

            Unanimous Vote.

 

Selectwoman Brunelle volunteered to open and close the building for use of the restrooms.

 

Request to Appoint Advisory Board Representative – Plymouth County Commissioners

 

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

            VOTED:  To appoint Chairman Perkins ask the Board’s representative.

Unanimous Vote.

 

Request to Rescind Previous Vote – Accounts Payable Clerk

 

Mr. Healey said there had been some confusion in the presentation of a letter to Nancy Robbins regarding the Warrants.  He said the request is for Ms. Robbins to continue to prepare the vendor and payroll warrants for signature of another party to sign. 

 

Mr. Healey said it would not be long before a consultant would take over.  In the meantime, he said he would take over the role and responsibility of signing the documents.

 

Selectman Bond asked if Mr. Healey could “sign his own warrants”.

 

Mr. Healey said he didn’t know of any conflict.  He said the Town Manager can sign if the Board gives him the authority.

 

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

            VOTED:  To rescind the previous vote regarding Nancy Robbins.

            Unanimous Vote.

 

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

VOTED:  To authorize the Town Manager to sign the vendor and payroll warrants, subject to the approval of Town Counsel.

            Unanimous Vote.

 

OLD BUSINESS

 

12 Highland Street (waiting for decision)

 

Bob Fitzgerald, 14 Highland Street, said the Board is the ultimate authority for enforcing rules and bylaws when a Department Head doesn’t.  He suggested the Board order the Building Inspector to enforce the rules and bylaws.

 

Chairman Perkins said the authority is limited.  A fine could be enforced, but it would have to go to Court.

 

Mr. Fitzgerald asked why the Inspector hasn’t been ordered to cite his neighbor for violations including, stored waste oil, tire piles, and unregistered vehicles.

 

Mr. Fitzgerald said there is also an illegal structure that was erected without a permit or engineering plans.  He questioned why the Board was waiting for a decision from Taunton.

 

Mr. Healey said he will ask the inspectors again if there are any further legal steps that can be taken.  He said it is “winding its way through the process of enforcement”.

 

Selectman Bond said government entities are slower in abilities to act.  He said a private attorney would have more incentive to bring the people to cease what they are doing.

 

Chairman Perkins explained that the same situation arose in Taunton.  It has gone to Court to determine if a Permit is needed or if it is considered a “temporary structure”.  He questioned why we would go through the same process.

 

Mr. Fitzgerald said a letter to the owner cited issues.  He said violations have to be called violations. 

 

Mr. Healey said he would talk to the inspectors and ask to report what has been corrected and what the subsequent action will be if it hasn’t.

 

Downtown Parking

 

Mr. Healey said some of the handicapped parking issues have been taken care of.  He said the amount of time allowed for parking will be reviewed.

 

Lakeville IMA

 

Selectman Bond has given a 4 -5 page Draft IMA to Mr. Healey for review.  It will then be passed on to Selectman Andrews and Town Counsel before coming before the Board.

 

Veterans’ Agent Response

 

This item was rescheduled for next week.

 

Request to Supplement Budget at STM – Town Clerk

 

Eileen Gates said she met with the FinCom and the issue has been resolved.  An article will not be needed.  Funding was approved for September, October, and November.

 

TOWN MANAGER’S REPORT

 

Revised F.A.M. Estimate

 

The figure to be set aside for the closure and post-closure work at the Landfill is $95,000 below what had been set aside.

 

Gravel Removal Project

 

Town Meeting action will be necessary to further the earth removal on the property the Town owns off of Plympton Street.  Following this, an RFP will be put out for the sale of

 

gravel.  It will require the successful bidder to pay $1.4 million dollars to the Town to retire the Water Department debt and make the Water Department “whole”, paying off all monies spent from the Water Enterprise Funds.  The operator will also be required to pay a monthly amount per yard of gravel removed which will be revenue to the General Fund to meet current and future needs of the Town.  The end use will be athletic playing fields and a potential future school site.

 

On September 11th, beginning at 8:30 AM, holes will be excavated on site to see the quality of the material first hand.  Nine of the largest operators in the area will be there to observe.

 

Update on Town Accountant and Consultant Options

 

With Chairman Perkins’s permission, Mr. Healey contacted Todd Hassett, who closed the books last year and the year before, and Richard Bienvenue, who is a principal in the Town’s previous audit firm.

 

Mr. Healey said Mr. Hassett has not returned repeat calls.  Mr. Bienvenue came in Friday afternoon and met with Mr. Healey and Judy MacDonald, and will be submitting a proposal.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay the bill submitted by New England Real Estate Journal in the amount of $280.00.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by ADT Security Services, Inc. in the amount of $121.44.

            Unanimous Vote.

 

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

VOTED:  To pay the bill submitted by Verizon in the amount of $25.46.

            Unanimous Vote.

 

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

VOTED:  To pay two (2) bills submitted by Middleborough G&E Department in the amounts of $33.92 and $24.05, totaling $57.97.

            Unanimous Vote.


 

OTHER

 

Job Description – Town Accountant

 

The Board is waiting for comments from Labor Counsel.  This item will be put on next week’s agenda.

Special Town Meeting

 

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

VOTED:  To open the Warrant for the Fall Special Town Meeting to be held on Monday, October 30, 2006.

            Unanimous Vote.

 

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

VOTED:  To close the Warrant for the Special Town Meeting on September 25, 2006.

Unanimous Vote.

 

Streetside Café

 

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

VOTED:  To issue a One Day Live Entertainment License to Streetside Café for September 21, 2006.

            Unanimous Vote.

 

CORRESPONDENCE

 

v     The Health Department will hold a “Hepatitis A Prevention Seminar” for all restaurant and food handlers in the Town.

 

v     The Board received correspondence from Attorney Denzil McKenzie, who is now representing Wayne Williams, Edgeway.

 

Attorney McKenzie, who was also present, is asking the Board for clarification on the level of profit and loss statements it is requesting for a hearing to discuss a rent increase.

 

Attorney McKenzie said that the cost to prepare audited financials will be between $25,000 and $30,000.  He said these costs will, in turn, be passed on to the tenants of the park as an expense of operation.

 

Attorney McKenzie said that the park produces a little over $180,000 per year, or a 3 ½% return on Mr. Williams' investment.  It is about $70,000 to $80 000 in net profits.

 

Selectman Andrews noted that people from Edgeway were not present to speak on this issue tonight.

 

Chairman Perkins asked Attorney McKenzie how well he understood the history of Mr. Williams.  He explained that there is not a great of trust for Mr. Williams due to his previous actions.  He said the Board wants certified financial statements certified by a third party with credentials.  He said it is the Board’s job to protect the residents. 

 

Mr. Healey said he continues to get daily complaints from tenants for harassment, refusing to dump the dumpster, pump the septic systems, and deal with the EEE threat because of 8” of standing water under the units.  He said this has been ongoing since 2002.  He told Attorney McKenzie that he “has very little faith in your client willingly addressing the many problems that exit”.  He noted that every other attorney hired by Mr. Williams has had a positive intent but failed.

 

Attorney McKenzie said he had no way of guaranteeing that Mr. Williams would “do the right thing” but he said he would do his best to get his client to do the right thing.  He said his work comes from references and his reputation.

 

Selectman Andrews said the Board was not questioning Attorney McKenzie’s integrity.

 

Selectman Bond said he interpreted the letter as a “threat” because the expense will be charged to tenants and that could impact the Board’s decision on the request for the rent increase.

 

Attorney McKenzie said he took responsibility for the contents of the letter.

 

Selectwoman Brunelle asked if Mr. Williams dealt with a financial institution, noting it would require financial statements.  This would eliminate further costs.

 

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

VOTED:  To require audited financial statements for Edgeway Park and determine whether it will impact the rent increases further down the road.

      Unanimous Vote.

 

Mr. Healey said it would show a lot of good faith if Mr. Williams would address some of the concerns of the residents.

 

Attorney McKenzie said he cannot remove the plastic sheeting from the units because they are private property.  He said that request needs to be amended.

 

Residents of Edgeway will be notified when a hearing date is set.

 

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

VOTED:  To send a letter of regrets to the family of Johnny Fontaine on behalf of the Town.

Unanimous Vote.

 

            Selectman Bond will draft a letter for the Board.

 

v     A letter of commendation for the Fire Department from Edward Vaughan will be forwarded to the Department.

 

v     The position of ‘Part Time Van/Bus Driver’ has been posted at the COA.

 

v     A Grant Alert for underground storage tanks will be forwarded to those Department Heads who have charge of buildings.

 

v     A Grant Alert for DHCD will be forwarded to OECD.

 

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

VOTED:  To sign a Proclamation for the ‘Lydia Cobb-Quequechan Chapter’.

            Unanimous Vote.

 

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

VOTED:  To send copies of previous correspondence to the DTE in regards to changes to Local Cable Franchise Powers.

VOTE 3 – 0 – 1 (Selectman Andrews abstained)

 

v     Mass Highway will resurface Rte. 18.

 

v     Correspondence from Edgewood Development Company, LLC concerning Sippican Park was discussed.

 

The letter, written to the Town Planner, is a proposal for water supply and fire flow water systems for the Park.

 

Ms. Geoffroy said she did not believe onsite fire protection was adequate.

 

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

VOTED:  To accept the offer for Edgewood to extend the municipal water line on Wareham Street with a new 16 inch line from its current terminus to the entrance to the Sippican Commerce Park.  Edgewood will then install a new 12 inch line from Wareham Street to the end of the cul-de-sac to be used for potable supply only, and  not to assess water connection tie-in fees only on small domestic connections (to satisfy drinking water needs of the development).

            Unanimous Vote.

 

 

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

VOTED:  To enter into Executive Session at 10:58 PM, not to return to Open Session, for the purpose of discussing Contract Negotiations and the Purchase of Land.

            Unanimous Vote.

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN