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Saturday, May 9, 2009
PTWS Up And Running!
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Sunday, March 15, 2009
Sunshine or Mushroom Farming?
Middleboro, West Bridgewater and Whitman do not make property assessments available on the Web.
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Middleboro voters have elected dinosaurs who resist change and modernization.
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Clearly, Kyle Alspach is unfamiliar with Middleboro Mushroom Farming.
Sunday, January 18, 2009
Middleboro: Home of Mushroom Farming
Monday, March 16, 2009
Once upon a time .....
Tuesday, January 6, 2009
January 5, 2009 Middleboro Board of Selectmen's Meeting
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Monday, October 27th, 7 p.m. at Middleborough High School
Thursday, February 5, 2009
Executive Meeting Minutes on Middleboro's PTWS
Every government record in Massachusetts is
Minutes of executive session meetings must be
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He indicated that he has provided a 'forum' in other towns that includes Open Meeting, Public Records and Archive statutes to enlighten officials about their responsibilities to uphold the statutes.
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He offered to provide that same 'forum' in a conversation with the Middleboro Town Clerk and in writing in a letter that included the Board of Selectmen.
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It would be my hope that the Board of Selectmen would not only take him up on his offer, but widely publicize it, and have it broadcast on ComCast, so that the public and other towns would attend.
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Understanding these statutes can only lead to improved transparency and increased participation.
“It’s one of the first issues I addressed as chairman,” said board Chairman Patrick E. Rogers, who added he was relieved to make the minutes public. “We released them finally.”
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Rogers, who replaced Adam Bond as board chairman last week, said there is a plan to continue releasing details of the sessions on a regular basis.
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The Guide says the following:
A Guide to the Massachusetts Public Records Law 42
(2) Promptness of Access. Every governmental entity shall maintain procedures that will allow at reasonable times and without unreasonable delay access to public records in its custody to all persons requesting public records. Each custodian shall comply with a request as soon as practicable and within ten days.
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The article goes on to say:
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Jacqueline Shanley, the selectmen’s administrative assistant, said those who want minutes from executive sessions must file a written request under the Freedom of Information Act.
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Page 7 of the Guide offered by the Secretary of the Commonwealth said this:
What is the difference between the federal Freedom of Information Act (FOIA) and the Massachusetts Public Records Law?
The federal FOIA is a statute that applies to federal records. The Massachusetts Public Records Law applies to records created by or in the custody of a state or local agency, board or other government entity.
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When I requested the information that was used to determine the increased rates charged to water ratepayers, I was told that no information existed in the Selectmen's records. That information was presented by Patrick Rogers from his laptop. After requesting the information from Mr. Rogers twice, he finally informed me that the information was no longer available.
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A number of Middleboro residents have requested documentation that doesn't exist in the Town Hall archives. The following appears to be the appropriate governing portion of the statute:
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A Guide to the Massachusetts Public Records Law 33
3. Original Records Created Outside of Municipal Offices
a. Whenever original public records are created outside the municipal offices, they shall be transferred on a regular and frequent basis to secure storage in the municipal building.
b. If secure storage is available in the records custodian’s private office or home, then copies of the records shall be maintained in the municipal building, with the originals stored in secure storage at the records custodian’s private office or home.
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Of the delay ---
....selectmen “always have other things to do, so it just wasn’t prioritized,” Rogers said.
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It's time for Middleboro officials to accept their statutory obligations, inform themselves of the governing statutes and comply. If you don't have the time to devote to the job, you might consider not running for the office or resigning.
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The following offers a brief indication of the expertise of the Middleboro BOS and the continued existence of the PTWS, in spite of offers to provide a web site FREE OF CHARGE that was ignored. It seems that someone's ego is more important than providing transparency and information to residents:
Thursday, March 26, 2009
Sunshine or Mushroom Farming? #2
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The auditors indicated that the electronic version was considered proprietary by them, but since the Board of Selectmen had commissioned the audit, they were the authority that would have to request the auditors to release the electronic version. [Yes, I called and confirmed this with the auditing firm.]
When I submitted my written request for the electronic copy to the Keeper of Public Records (Town Clerk), the request wound its way to the Board of Selectmen, specifically the Chairwoman at the time, Marsha Brunelle. Included in that request was that the Auditors' Report should be posted on the PTWS (Pathetic Town Web Site).
Doesn't it make you wonder what being hidden when you can't get information?
Saturday, April 4th is Middleboro's Town Election.
Maybe it's time for change.
Monday, April 20, 2009
Executive Meeting Minutes 1-7-08
I discovered that the regular public meeting minutes are posted for 1-7-08.
The following request will be submitted to the BOS requesting a correction --
Re: Executive Meeting Minutes 1-7-08
A review of the PTWS (Pathetic Town Web Site) will indicate that the item posted as the following:
Wednesday, April 01, 2009 4:39 PM 50176 E.S. 1-7-08.doc
Represents the regular meeting minutes for the public session.
This requires correction.
Your prompt attention would be appreciated.
OMG! An astute reader pointed at that the Executive Session was posted at the end of the public meeting that was re-posted! Who would have thought? Who would have expected any consistentcy in the method anything is posted on the PTWS?
The following represents those meeting minutes and since they represent collective bargaining matters that have been resolved, one must wonder why they weren't previously released since this is what the statute says --
Executive session minutes must be released to the public as soon as the stated purpose for the executive session protection has ceased.
EXECUTIVE SESSION January 7, 2008
Middleborough Board of Selectmen
At 9:55 PM, upon motion by Selectman Perkins and seconded by Selectman Bond, Board voted by Roll Call to go into Executive Session to discuss strategy relative to collective bargaining and pending litigation. Roll Call: P. Rogers, Yes; S. Spataro, Yes; W. Perkins, Yes; A. Bond, Yes; M. Brunelle, Yes. Chairwoman announced Board would not return into Open Session.
Board met with Attorney Leo Peloquin to discuss collective bargaining issues.
Upon motion by Selectman Perkins and seconded by Chairwoman Brunelle, the following Roll Call Vote was recorded:
“To designate Labor Counsel, Town Manager, and designated Selectman as the Town’s negotiating representative with the two Police Unions
SELECTMAN P. ROGERS YES
SELECTMAN S. SPATARO YES
SELECTMAN A. BOND YES
SELECTMAN W. PERKINS YES
SELECTMAN M. BRUNELLE YES.”
Board agreed that the Town Manager will stay involved in Union negotiations, while on vacation, via telephone. Letter is to be drafted by Labor Counsel notifying the Unions of the Board’s policy decision.
Labor Counsel assured Chairwoman she did not need to leave the meeting while discussing GMEG Union as Board discussed position of Deputy Fire Chief only.
Regarding retirees and the health insurance co-pay reimbursement issue, Chairwoman asked Labor Counsel to call Town Counsel and discuss language in article. The following Roll Call vote was recorded:
“To support the Town Meeting article, which supports retirees and their spouses regarding health insurance co-pay reimbursements
SELECTMAN P. ROGERS YES
SELECTMAN S. SPATARO YES
SELECTMAN A. BOND YES
SELECTMAN W. PERKINS YES.”
Chairwoman M. Brunelle Abstained
Board requested Building Commissioner, Health Officer, and Town Counsel attend Board’s meeting on Monday, January 14, 2008 to discuss Holton lawsuit.
At 11:03 PM Board voted by Roll Call to adjourn meeting. Roll call: A. Bond, Yes; W. Perkins, Yes; P. Rogers, Yes, S. Spataro, Yes, M. Brunelle, Yes.
________________________________________________
Jackie Shanley, Confidential Secretary, Board of Selectmen
Friday, May 8, 2009
Middleboro Annual Town Meeting Tuesday, May 26 7:30 PM
ANNUAL MEETING WARRANT
Middleborough, Massachusetts
To Gary J. Russell, Police Chief or any of the
Police Officers of the Town of Middleborough
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify
and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the
Auditorium of the Middleborough High School, on Tuesday, May 26, 2009, at 7:30 P.M., to act on the following articles:
ARTICLE 1. To hear the report of any committee or officer of the Town, to appoint any
committee, or act anything thereon.
ARTICLE 2. To see if the Town will vote to raise and appropriate a sum of money by taxation
or from available funds in the treasury to defray expenses of the Town for the fiscal year
beginning on July 1, 2009, relating to all or any of its officers, boards, or departments and for
purposes authorized by law, to vote to fix the salary and compensation of all elected officers, or
act anything thereon.
ARTICLE 3. To see if the Town will vote to transfer from the income from the sales of gas and
electricity a sum of money to the Assessors for the purpose of fixing the tax rate for Fiscal Year
2010, or act anything thereon.
ARTICLE 4. To see if the Town will vote to transfer $66,972.60 from the receipts reserved for
the Water Pollution Abatement Trust Loan Repayment Account in order to meet the Town’s
obligation for payment of the Water Pollution Trust Loan, or act anything thereon.
ARTICLE 5. To see if the Town will vote to raise and appropriate the sum of $300,000.00 by
borrowing under General Laws, Chapter 44, by borrowing from the Massachusetts Water
Pollution Abatement Trust pursuant to General Laws Chapter 29C or by raising and
appropriating said sum from some other source for the purpose of funding the Town’s program
to repair, replace or upgrade septic waste disposal systems, or act anything thereon.
ARTICLE 6. To see if the Town will vote pursuant to Section 53E ½ of Chapter 44 of the
General Laws, as amended, to authorize and/or reauthorize establishment of one or more
revolving funds for the purpose of funding certain activities and operations of certain
departments and programs of the Town during Fiscal Year 2010, or act anything thereon.
Municipal Fire Alarm System Not to exceed $15,000.00
Hazardous Materials Incident Training & Materials Not to exceed $50,000.00
Recycling Program Not to exceed $100,000.00
Herring Fishery Program Not to exceed $100,000.00
Composting Bin Program Not to exceed $2,500.00
Recreation and Sports Program Not to exceed $100,000.00
Zoning Map, Bylaws and Not to exceed $2,500.00
Subdivision Rules & Regulations
ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation, or account, or other available source, for the purpose of reimbursing
Town employees and retired Town employees and other persons enrolled in the Town’s health
insurance plans for increases in health insurance HMO and PPO deductibles and co-payments
paid by said employees and other persons during Fiscal Years 2010 and in excess of the amounts
of such deductibles and co-payments applicable during Fiscal Year 2009, and to pay any related
costs, or act anything thereon.
ARTICLE 8. To see if the Town will vote to borrow the sum of three hundred fifty thousand
dollars ($350,000.00) for the purposes of replacing older water mains and curb to main
connections throughout the water system and to meet this appropriation, to authorize the
Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $350,000.00 under
General Laws, Chapter 44, Section 8 and to provide that the debt shall be paid from the revenues
of the Water Enterprise System, or act anything thereon.
ARTICLE 9. To see if the Town will vote to raise and appropriate from available funds or
borrow a sum of money to refurbish the two (2) universal power supply units (1-18Kv 1-15Kv)
and replacement equipment for the Bank building and the Town Hall through the Information
Technology department and to meet this appropriation to authorize the Treasurer with the
approval of the Board of Selectmen to borrow under General Laws Chapter 44, Section 7, or act
anything thereon.
ARTICLE 10. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account or other available source, or by borrowing to pay for all
relevant and necessary expenses associated with the clean-up of an oil leak at the Green School
site, 251 East Main Street, or act anything thereon.
ARTICLE 11. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account or other available source, or by borrowing to pay for all
relevant and necessary expenses associated with alterations to the Lincoln D. Lynch School site,
49 Union Street, or act anything thereon.
ARTICLE 12. Local Adoption of Chapter 43D Expedited Permitting – Middleborough Park at
495
To see if the Town will approve the provisions of chapter 43D of the MA General Laws as
amended pursuant to Section 11 of chapter 205 of the acts of 2006, and to approve the filing of
an application with the Interagency Permitting Board for the designation of land at
Middleborough Park @495 (113.342 acres, Assessors Map 039, generally bounded by Bedford,
Clay, Ash, and Old Center Streets and Route 44) as a Priority Development Site, or take any
other action in relation thereto. Assessors Map 039 and lot numbers: 1938, 2987, 2868, 2895,
2886, 4436, 2754, 2769, 3539, 4316, 3438, 4223, 3457, 3492, 4381, 5157, 5151, and 4392, or act
anything thereon.
ARTICLE 13. To see if the Town will vote to amend Section IV of the Zoning By-laws by
revoking Section E in its entirety and adopt the following in its place:
E. INDUSTRIAL DISTRICT
1. PERMITTED USES:
a. Religious, education, municipal or government uses.
b. Commercial agriculture, aquaculture, silviculture, horticulture, floriculture or
viticulture.
c Child care facilities.
d. Any use permitted in a Residence District, except those prohibited in Section 3.
below.
2. SPECIAL PERMIT USES:
a. Manufacturing or industrial use.
b. The Zoning Board of Appeals shall be the Special Permit Granting Authority
(SPGA) under Section VII, provided that no special permit shall be granted unless
the Board makes the findings set forth in Section VII.C.2.a.
3. PROHIBITED USES:
a. Dwellings, multiple dwellings, house trailers, and mobile homes, or act anything
thereon.
ARTICLE 14. To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special legislation to provide that all withdrawal penalty taxes paid to the
Town pursuant to General Laws, Chapter 61, Section 7, all conveyance taxes and roll-back taxes
paid to the Town pursuant to General Laws, Chapter 61A, Sections 12 and 13 respectively, and
all conveyance taxes and roll-back taxes paid to the Town pursuant to General Laws, Chapter
61B, Sections 7 and 8 respectively, shall be deposited in a special account to be known as the
Land Acquisition Fund with any money in the Fund to be expended by the Board of Selectmen
duly authorized by vote of the Town Meeting to purchase the fee or other rights in land for
purposes of recreation, conservation, agricultural, open space, or other municipal uses with the
income derived from the land Acquisition Fund to be credited to the Fund, or act anything
thereon.
ARTICLE 15. To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for legislation to authorize the use of certain property owned by the Town of
Middleborough located on and off Fuller Street and on and off Plympton Street in
Middleborough and bounded and described in a deed of Annamarie Barnhart dated September
30, 2002 recorded in the Plymouth County Registry of Deeds in Book 23007, Page 244 and in an
Order of Taking dated October 7, 2002 and recorded in said registry in Book 23193, Page 343
and property bounded and described in a deed of Jonathan D. White, Trustee of Preserve Realty
Trust dated October 1, 2002 recorded in said registry in Book 23007, Page 258 for purposes
other than public water supply protection/aquifer protection and public water supply storage, or
act anything thereon.
ARTICLE 16. To see if the Town will vote to authorize the Board of Selectmen to convey the
rear portion of the South Middleborough Fire Station property containing 1.7 acres to White
McGill Realty, LLC or some other party in exchange for a 1.3 acre parcel to be conveyed to the
Town and located on the southerly side of Wareham Street (Route 28) abutting the easterly side
of the Fire Station property, such exchange to be on such terms and conditions as the Board
determines, and to transfer the management and control of said 1.7 acre parcel to the Board of
Selectmen for the purpose of making conveyance of said parcel as part of such exchange, or act
anything thereon.
ARTICLE 17. To see if the Town will vote to adopt the following by-law
PUBLIC USE OF MARIHUANA (MARIJUANA)
1. No person shall smoke, ingest, or otherwise use or consume marihuana (marijuana) or
tetrahydrocannabinol as defined in Massachusetts General Laws, Chapter 94C, Section 1, as
amended, while in or upon any street, sidewalk, public way, footpath, passageway, stairs,
bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse,
school grounds, cemetery, parking lot, or any area owned by or under the control of the Town of
Middleborough or any of its boards or officers, or in or upon any bus or other passenger
conveyance operated by a common carrier; or in any place accessible to the public.
2. The term “place accessible to the public” as used herein shall mean and be construed to
include any way or place to which members of the public have access as invitees or licensees.
3. Whoever violates Section 1 of this by-law shall be punished by a fine of Three Hundred
($300.00) Dollars for each violation,
or act anything thereon.
Given, under our hands at Middleborough, this 27th day of April, 2009.
PATRICK E. ROGERS
MURIEL C. DUPHILY
MARSHA L. BRUNELLE
STEPHEN J. MCKINNON
ALFRED P. RULLO, JR
BOARD OF SELECTMEN
Pursuant to the instructions contained in the above warrant, I have notified and warned all
inhabitants of said Town of Middleborough, qualified to vote as expressed in said warrant, to
meet at the time and place for the purpose specified by causing an attested copy of the same to be
published in the Middleboro Gazette on the 7th day of May, 2009, that date being more than
seven days before the time specified for said meeting.
GARY J. RUSSELL
Police Chief
Monday, March 9, 2009
Middleboro Board of Selectmen 3-9-09
Public Records Guide
In the interest of open government, all records custodians are strongly urged to waive the fees associated with access to public records, but are not required to do so under the law.
Public records that are of great interest to a large number of people must be readily available within the office of the records custodian and should be provided at a minimum cost, if any. These records include minutes of local board meetings, town meeting documents, warrants, street lists, municipal financial documents, etc.
When must minutes of an open meeting be made available to the public?
Minutes of executive session meetings must be reviewed and released regularly and promptly. Executive session minutes must be released to the public as soon as the stated purpose for the executive session protection has ceased.
The Massachusetts General Laws broadly define "public records" to include "all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee" of any Massachusetts governmental entity.
Friday, May 8, 2009
Middleboro Town Meeting Tuesday May 26 at 7 PM
WARRANT FOR SPECIAL TOWN MEETING
Middleborough, Massachusetts
To Gary J. Russell, Police Chief or any of the
Police Officers of the Town of Middleborough
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify
and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the
Auditorium of the Middleborough High School, on Tuesday, May 26, 2009 at 7:00 P.M., to act on the following articles:
ARTICLE 1. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account, or other available source, to supplement and/or adjust
departmental budgets for Fiscal Year 2009, or act anything thereon.
ARTICLE 2. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account, or other available source, for the purpose of reducing the
Fiscal Year 2009 budget due to the 9C local aid cuts of the Governor, or act anything thereon.
ARTICLE 3. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account, or other available source for unpaid bills from prior years, or
act anything thereon.
ARTICLE 4. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account or other available source to fund sick leave buy-backs, or act
anything thereon.
ARTICLE 5. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from taxation, free cash, another specific available fund, the Stabilization Fund, an
existing appropriation or account or other available source to fund one or more collective
bargaining agreements, or act anything thereon.
ARTICLE 6. To see if the Town will vote to transfer the sum of Sixty Five Thousand Dollars
($65,000) from the Sewer Enterprise Unreserved/Retained Earnings Account for the purpose of purchasing wastewater treatment chemicals, or act anything thereon.
ARTICLE 7. To see if the Town will vote to transfer the sum of One Hundred Twenty Five
Thousand Dollars ($125,000) from the Sewer Enterprise Unreserved/Retained Earnings Account for the purpose of purchasing electricity, or act anything thereon.
ARTICLE 8. To see if the Town will vote to transfer the sum of Seventy Five Thousand six
hundred ten dollars ($75,610.00) from the Water Enterprise Development Fund to the Water
Unreserved/Retained Earnings Account, or act anything thereon.
ARTICLE 9. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from the Town’s Employee Fringe Benefits, Health and Life Insurance account,
Taxation, free cash, another specific available fund or Stabilization Fund, an existing
appropriation or account or other available source or by borrowing to continue to contribute the
same monetary percentage of the premium of a retired Town of Middleborough employee’s
contributory group, general or blanket hospital, surgical, dental and other health insurance, that
the Town contributed for the retired Town of Middleborough employee at the date of the Town
of Middleborough retiree’s retirement from the Town of Middleborough, but in no case less than
in effect in fiscal year 2007, or act anything thereon.
By Petition
ARTICLE 10. To see if the Town will vote to raise and appropriate and/or transfer a sum of
money from the Town’s Employee Fringe Benefits, Health and Life Insurance account,
Taxation, free cash, another specific available fund, or Stabilization Fund, an existing
appropriation or account or other available source or by borrowing to continue to reimburse
retired Town employees for the increase in their health insurance HMO and PPO deductibles and co-pays paid by retired Town employees during fiscal year 2010 and thereafter in excess of the amounts for such deductibles and co-pays applicable during fiscal year 2007, or act anything
thereon.
By Petition
Given, under our hands at Middleborough, this 27th day of April, 2009.
PATRICK E. ROGERS
MURIEL C. DUPHILY
MARSHA L. BRUNELLE
STEPHEN J. MCKINNON
ALFRED P. RULLO, JR.
BOARD OF SELECTMEN
Pursuant to the instructions contained in the above warrant, I have notified and warned all
inhabitants of said Town of Middleborough, qualified to vote as expressed in said warrant, to
meet at the time and place for the purpose specified by causing an attested copy of the same to be
published in the Middleboro Gazette on the 7th day of May, 2009, that date being more than
fourteen days before the time specified for said meeting.
GARY J. RUSSELL
Police Chief
Monday, January 12, 2009
I Can't Stand Whining!
Tuesday, March 24, 2009
Compression Obsession
EXECUTIVE SESSION
APRIL 9, 2007
Selectman Spataro asked about appointing Judy MacDonald as Acting Town Accountant.
Chairwoman Brunelle said this couldn’t be done as the positions are “checks and balances” for each other.
Selectman Spataro asked about appointing a Finance Officer.
Chairwoman Brunelle said you would still have to have a Town Accountant, Treasurer/Collector, and Assessor.
Selectman Spataro asked if it would cut out a layer of management.
EXECUTIVE SESSION
APRIL 25, 2007
Selectman Spataro noted that it was announced in open session that an Interim Fire Chief had been appointed.
Selectman Spataro clarified that it was legitimate to take the vote in executive session, but it just has to be announced in open session rather than taking another vote.
Wednesday, April 15, 2009
Misses The Point!
Residents who have complained for years of poor audio when attending selectmen’s meetings will find the volume turned up this summer after renovations are completed to the selectmen’s meeting room at Town Hall.