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Board of Selectmen Minutes 05/13/2008
Town of Millbury
Board of Selectmen Minutes
Municipal Office Building- Selectmen's Meeting Room
May 13, 2008                                                            7:00 P.M.



Present:  Board of Selectmen:  E. Bernard Plante, Chairman; Joseph J. Coggans, Jr., Kenneth Schold, Francis B. King, Michael O. Moore


Robert J. Spain, Town Manager, Rod Rodrigues, Attorney Larry Brodeur, Tim Cannon, Tony and Rich from Showcase, Scott McIntire, Mary Ann Harris, Denise Marlborough, James J. Morin, Tom Reilly, The Millbury-Sutton Chronicle and concerned citizens,

Chairman Plante opened the meeting with the Pledge of Allegiance.

Selectman Schold read the Public Hearing notice.

PUBLIC HEARING
Quincy Amusements-Showcase Cinemas-Alteration of Premises
Attorney Brodeur spoke for Quincy Amusements.  The application wants to extend the facility out beyond Chatters Lounge into the auditoria where they hold special events i.e. Red Sox baseball games on the screens and it has been successful.  Could be Red Sox, Celtics, and Live Operas; want to include all 14 auditoria.  People are wrist banded and bands cannot come off.  There would be a portable bar placed in the auditoria, people would have to show id's, bartenders would have to be TIPS certified, only two drinks at one time, they would stop serving in the 7th inning.  They have had no incidents in Worcester.  Would notify our office two weeks ahead of time of what was going to go on.  They would designate event and notify us.  Selectman Coggans wanted to know how to stop someone else from giving a drink to a minor, they answered by saying that any auditorium is patrolled at all times and always looking for the wristband.   It would just be in one or two theaters at a time.
Motion made by Selectman Coggans with restrictions to special events such as live performances, live sporting events, live operas and simulcast events seconded by Selectman Schold.
Motion carried unanimously.


GUEST PRESENTATION:
Scott McIntire-Melanson Heath FY07 Financial Audit
Introduction to the Management Letter.  Their opinion on Millbury is a clean opinion.  Reserves are solid.  Recommendations included 1) to monitor police detail revolving account; have implemented some billing and collection software program; a huge step forward but not complete, because there is still a deficit.  Chairman Plante wanted to know if we found anything that was missing….they have not been able to obtain it yet-they need to ascertain the bills that went out the door and not paid to the town.  The problem is in billing-Mr. Spain thinks the deficient is more like $40,00.00-$50,000.00.   Procedures now will stop that from happening-happened in 2004-2006.  Selectman Moore wanted a separate report-and wanted to know how they were paid without a bill-they were paid through the payroll process.  There was a disconnect-payroll and billing did not talk to each other.  Mr. Spain is very confident that this issue is solved and a solution in sight.  Mr. McIntire is comfortable with the new system.  They need a detailed list of what was billed to piece everything together.  2) GASB statement.  Requires that you disclose unfunded liability for post employment healthcare for retired workers.  Have to have an actuary come in.  Work has commenced on this.  3) To improve financial reporting in accounting systems.  Need to make adjustments to fund balance accounts.  Encumbrances were not handled well.  4) New audit standards.  Implement internal control improvements -obtain governmental training or consider a 3rd party to review before audit.   5) Establish internal audit function-monitor internal controls, done by staff here at the town.  Schools were making improper deposits; needs to be some reconciliation, further analyzed; transfer between accounts.  Needs segregation of duties.  6) Revise budget procedures. Has been implemented for FY09.   Petty cash and departmental cash need internal control.  Look to have audit completed by January 2009.  See Management Letter.

5 minute recess

PUBLIC HEARING -Sidewalk Use

Calabria- Attorney Keenan spoke on their behalf and is now requesting use for the sidewalk to serve food and beverages.  Is 13' in width-will leave an 8' passage way for pedestrians.  The area will be chained off by chrome chains and chrome poles.  There is great control over the use of the restaurant and the patrons by the family owned business.  Host station will be placed outside to overlook the patrons.  There will be 2 wait staff for the six tables.  They would like to serve food until 11:00, cleared out at 11:30.  Selectman Moore wanted to know why they did not put the tables up against the building.  Table and chairs will be placed on either side of building.  Selectman King was concerned about the brick area and the planters in the way.  Atty Keenan thinks there is plenty of room.     Stewart Barden suggested a test run.  Selectmen King and Coggans agreed if there is something flawed they will correct it.  John Direnzo stated that Worcester sidewalks are smaller than Millbury and they do it all the time on Shrewsbury Street.   Chairman Plante said that the people that he spoke to from Elm Street do not have problem with it.  Richard Valentino asked if there would be any outside music.  No.

The Wright Place-Richard Koslowksy spoke regarding wanting three tables outside-open from 6am to 3pm.-they have plenty of room.

Village Knoll - They would like three to four tables.  

Motion by Selectman Moore to close public hearing seconded by Selectman Coggans.
Motion carried unanimously.

Calabria- Selectman Coggans asked if the owners would you be conducive to a compromise to waive the ½ hr. and let the hours be until 10:30 p.m. clean up at 11:00 p.m.  They agreed.
Selectman Moore made a motion to approve the permit with the stipulations of moving the tables close to the building and the extended half hour, seconded by Selectman Coggans.
Motion carried unanimously.

Village Knoll- Their hours are 6:00 am to 10:00 pm.
Selectman Moore made a motion to approve the permit contingent upon all paperwork and fees being filed, seconded by Selectman Schold.  
Motion carried unanimously.
Motion to waive the fire hydrant requirement as it is facing away from the building by Selectman King, seconded by Selectman Schold.
Motion carried unanimously.

Wright Place- Motion made by Selectman Coggans to approve the permit seconded by Selectman Moore.
Motion Carried unanimously.

NEW BUSINESS

New Drainlayer's License, James J. Morin- Director of Engineering.  They are looking to do sewer connections for residents in the town of Millbury.
Motion made by Selectman Coggans, seconded by Selectman Schold to approve the new license.
Motion carried unanimously.

GUEST PRESENTATION
Earth Tech - East Millbury Sewer Project-Road Closures
The representative suggested that the roads would pose safety issues and they should close the roads.    The roads will be open for emergency vehicles.  Chief is for it.
Motion to grant the road closures made by Selectman King, seconded by Selectman Coggans.  
Motion carried unanimously.

The roads are Martin Street and Park Hill Avenue.  They have been in contact with the schools regarding busing.  There will be electronic signage put up at least a week before the closure.  Construction on Grafton Road will begin around May-June.  Will not be closed, but will have construction for about 6-7 months.  There will be electronic signage there as well.
Brierly Pond Dam will be done and expect sometime early June. This project has to be done by the end of September.  


PREVIOUS MINUTES:

Tuesday, April 22, 2008 -Selectmen's Meeting
Motion made by Selectman King, seconded by Selectman Schold to accept the minutes of the April 22, 2008 Selectmen's meeting as written.  
Motion carried unanimously.

Tuesday, May 6, 2008 -Selectmen's Meeting
Motion made by Selectman Schold, seconded by Selectman King to accept the minutes of the May 6, 2008 Selectmen's meeting as written.  
Motion carried unanimously.


TOWN MANAGER'S REPORT

Transfer Station Rules and Regulations:
New stickers will be sold on June 2-slight change to fee structure as costs have gone up; so they have chosen to address additional vehicle (now 7.50 going up to 25.00).  For seniors and disabled, they have changed to only one free sticker.   Any additional sticker would be $25.00.  They will be changing shape of sticker as well.  Has to be on the vehicle; tightening enforcement to keep tonnage down.  Only residents of Millbury can dump.  
Selectman Schold wanted to know if you need a sticker to dump leaves and mulch and what do we do with it?  Mr. Spain told him yes you do need a sticker and he does not know what they do with the mulch.  CRT is a $10.00 charge-regardless of free sticker.
Selectman Moore would like to see the seniors/disabled 2nd sticker to stay at 7.50, third or fourth 25.00.  
Motion made by Selectman Schold to adopt the rules and regulations with the modification of the 2nd sticker for seniors/disabled at $7.50, seconded by Selectman Coggans.  Motion carried unanimously.

Town meeting went great-wanted to thank students from student government day.  Selectman King asked students how they could get them involved in politics.  He would like the manager to send someone up to help the kids register to vote through the clerk's office and school committee in January sometime.  Things at the transfer station are going very well, still only need to separate out cardboard.

Chairman Plante wanted to thank everyone for participating in student government day.  

Selectman Coggans asked Chairman Plante to step down and reorganize the Board.
Selectman King makes motion to make three as is seconded by Selectman Moore.
Motion carried unanimously.   
Chairman- E. Bernard Plante, Vice-Chairman- Joseph Coggans, Jr. and Clerk- Kenneth I. Schold.
Chairman Plante wanted everyone to know that the thing that they will be working on this year is the finances to do everything they can to keep the budget down.


NEW BUSINESS

Approve One-day Liquor License for Cardoos Gourmet Catering
Motion made by Selectman Coggans, seconded by Selectman King to approve a one-day liquor license for an event at the Asa Water Mansion on June 6, 2008 from 5:30 pm until 11:00 pm.  
Motion carried unanimously.

Transfer of License- JT's Corner Store
Motion made by Selectman Schold, seconded by Selectman King to approve the transfer of the license for JT's Corner Store to Daniel Spring.
Motion carried unanimously.

Automatic Amusement License/Pool Table License/Common Victualler License
Wheelock Inn - Steven Nevalsky
Selectman Coggans pointed out that Mr. Nevalsky had to be here to get his Common Victualler license but did not have to be here for the other two licenses.

Motion made by Selectman Coggans, seconded by Selectman Schold to approve the Automatic Amusement and Pool Table License.
Motion carried unanimously.

Chairman Plante wanted to mention the Jr. High School team selling ducks for Destination Imagination.  The team placed #1 in their level at Sutton, moved on to WPI and again placed #1.  The are now moving on to Tennessee.  Need to raise $5000.00; the school gave $2,500.00.  Any donations would be greatly appreciated.  You can buy a duck through the end of May at the town common.  Duck race is down the Blackstone River to IBA.  They have worked very hard and we wish them best of luck.

Selectman King wanted to know how the negotiations with Verizon were going.  Mr. Spain told him that they will be meeting again with them on Friday-have made progress. Ball is now in their court.  Mr. Spain did a mark up of their draft-still a few issues, but now in the same building.  Probably-another month or two and the committee will be before this board.

Selectman King also wanted to know should send people for additional training regarding the audit.  Mr. Spain told him that we are looking at everything to better perform in those areas.  Chairman Plante would like to review the management letter quarterly to make sure progress is being made.

Selectman Coggans would like to make a motion to send SMOC a letter respectfully requesting that they  revert to their old program and until they see something in writing from SMOC in detail regarding the new program; if they do not comply to ask them the state to withhold funds. He would like to ask for CORI checks on all people there, seconded by Selectman King.  Motion carried unanimously.

MAIL

Letter from Fire Department regarding a $50.00 donation from Thomas & Maureen Boyda for fire department equipment.
Motion made by Selectman Schold to accept the donation seconded by Selectman Moore.  Motion carried 4-0-1.  Selectman King abstained.

Letter from Lycott Environmental regarding Dorothy Pond Treatment

Letter from Fire Department regarding a $2500.00 donation from the Mong Family.
Motion made by Selectman Coggans to accept the donation seconded by Selectman Schold.  Motion carried 4-0-1.  Selectman King abstained.


EXECUTIVE SESSION
Motion made by Selectman Coggans at 9:35 p.m. to move into executive session, seconded by Selectman Schold to enter into Executive Session under the provisions of M.G.L. Ch. 39 sec23B, Paragraph 3 to discuss strategy with respect to collective
bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigation position.  Also, to conduct strategy sessions in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel; and Paragraph 4 to discuss the deployment of security personnel or devices and/or sting operations.


                                                        Selectman Coggans, Jr.  - Yes
                                                        Selectman Moore         - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman King          - Yes
                                                        Chairman Plante         - Yes

Chairman Plante stated that the Board will leave Executive Session solely to adjourn.



ADJOURNMENT
Motion made by Selectman Coggans seconded by Selectman Moore to adjourn at 10:40 p.m.


Respectfully submitted,



Tish Hayes
Secretary, Board of Selectmen


E. Bernard Plante                                                       

Joseph F. Coggans, Jr.                                          

Michael O. Moore                                                        

Kenneth I. Schold                                                       

Francis B. King                                                                                                 
                                Its Board of Selectmen