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Dighton
Water District 192 Williams St. No. Dighton, Ma 02764 Sue Medeiros Paul Joly Paul Pacheco COMMISSIONERS Carol A. Stevens TREASURER June
29, 2010 A
meeting of the Dighton Water District Commissioners was held at the District
office at 6:10 P.M. Chairman of the
Board, Sue Medeiros was unable to attend, Clerk of the Board, Paul Joly
called the meeting to order. First
order of business was grants and homeland security. Paul Williams was in to review a piece of
property the District is interested in buying. A discussion was held. Commissioner, Paul Pacheco asked, “That
whole parking lot that’s all full of tires right?” Paul Williams said, “Not all full there are
tires there.” Commissioners are to
look at the building and walk the land.
Paul Pacheco said, “Once we get a Finance Committee together we’ll
discuss it with the Finance Committee and we have a full Board on what
direction we’re going in.” Next
order of business was the Finance Committee.
Paul Pacheco referred to a conversation held prior to the meeting
opening with Michael Perry in regards to where the two million dollars in
free cash went and how much was left.
Paul Pacheco said, “Mike $400,000 loan we paid off not my doing I was
against that right from the very beginning Sue got here she voted with him it
was a done deal I fought it and if you ask these guys they’ll tell you home
much I wanted to buy the property honestly right now I ‘m not sure.” Michael Perry said, “I know you’ve got a
job like you got ok I know that you make the best decision you think you can
make unfortunately a lot of people aren’t happy with the best decisions
you’re not going to please everybody I sat in that seat nine years, nine
years I sat there I dealt with some real rough guys. All the people ask is that you do the best
job you possibly can that’s why they elected you to that job so you can do
the best job.” Paul Pacheco said,
“When I walked in the room the first thing we started was two million where
did that all go like we wasted it.”
Michael Perry said, “That was there when I left I spent the money like
it was my own money. Contractor hit us
with change orders. Not an easy
job.” Paul Pacheco said, “I make a
motion to appoint Michael Perry to the Finance Committee and Ronald Whitmore.” Paul Joly said, “Appoint two we already
have got one appointed.” Paul Pacheco
said, “Charlie is already appointed we appoint two that makes three from then
on they take over and add the rest of them.”
Paul Joly said, “Second, all in favor, ayes have it.” Michael
Perry said, “When you started having trouble with the boundaries maybe shame
on Michael I don’t know nine years I was here I thought everything else that
was out there came under the Dighton Water District that was the impression I
got.” Paul Pacheco said, “Right we all
did, we all did Mike everybody always thought that for fifty nine
years.” Michael Perry said, “I know we
had North Dighton Fire District they buy their water from the City of
Taunton, some of the people in Town get Somerset water that goes by most of
that is in the District, Somerset deal Town Father’s back way before any of
us was around here they gave up the rights to that water to Somerset over on
Brook St.” Paul Pacheco said, “Supposedly
somewhere in those rights it was written in the Dighton Water District still
has control over it because anybody that’s in Dighton that comes along wants
to hook into Somerset water when they get to Somerset, Somerset tells them if
you don’t have a letter of permission
from the Dighton Water District
you’re not hooking up so they have to come here to get out permission
so in theory we’re supplying them water through the original agreement and
their land does fall in the middle here as far as what we thought you’re
right we were wrong because we thought just like you said you thought that
nine years that you were here and I’ll go back and make the same decision as
we did before if this ever becomes a complete District because I cannot see
how anybody can understand where you’d allow somebody to come into a room and
raise their hand and vote but they don’t pay taxes so if they’re not putting
their money into the pot why should they have any say at all who’s going to
spend it. These people coming in down
here they weren’t being taxed but everybody thought they were in the District
and they’d come in you want to buy a truck no, no, no we don’t want to spend
the money but they didn’t want to pay the tax.” Michael Perry said, “To me I still think
there’s a big problem with David Gay being the Attorney for the Town and the
Attorney for the Dighton Water District I think that’s a big problem.” Paul Pacheco said, “It isn’t in general in
general they can use him and we can use him but if it ever becomes a battle
us against the Town he’s out on both sides he’s going to wash his hands he’s
going to say you guys need to get Attorneys because that’s a conflict of
interest he can’t do that.”
Treasurer/Clerk, Carol Stevens said, “We have a back up.” Paul Pacheco said, “See we’ve got a backup
as long as what he’s talking to the Town about is not about us and we’re
talking to him not about the Town then it’s ok and we’re getting a pretty
good deal off of him as far as price most lawyers are $250.00 an hour he’s
$160.00.” Michael Perry said, “I know
of a couple of incidents here where he was representing the Town representing
us I don’t feel we got a fair shake either.”
Paul Pacheco said, “I’m not going to tell you that I think he’s always
right either.” Paul Joly said, “I
think if we do have any possible conflict between the Town and the District
we should get our own Attorney.” Paul
Pacheco said, “Well we’d have to he’d say he can’t represent us and them he’d
tell them the same thing.” Paul Joly
said, “Almost a common sense thing what we should do is discuss with him if
we do have any of these conflicts we want to use another Attorney.” Paul Pacheco said, “Like I said he’s going
to tell us that.” Paul Joly said, “I
know he’s going to tell us that that’s no problem we just have to let him
know where we’re coming from.” Michael
Perry said, “I’m not mentioning any names either but you have Commissioners
having their own private meetings
without the other two Commissioners being present I don’t think that’s right
either.” Paul Pacheco said, “That’s
right it isn’t.” Paul Joly said,
“We’ve made some changes on that.”
Michael Perry said, “That was happening Paul and you know it was
happening.” Paul Pacheco said, “Oh I
know it was and a lot of phone calls we stopped and I made a phone call to
him today and something I’ve got to talk to you about but we’ve got to go
into executive session.” Paul Joly
said, “What we’ve done there’s no one on one with the Attorney we send a
letter all three of us put it together then send it to him and then he
replies in writing and I’ve already told him verbally there’s to be no more
one on one you’re going to get it from the Commissioners not one individual
so he agreed I think we’ve cleared that particular problem. We’re going to need another moderator he’s
here some weeks some weeks he isn’t, using this guy over to Berkley he’s out of
the District.” Michael Perry said,
“Blake.” Paul Joly said, “Yeah.” Paul Pacheco said, “Couple of choices if
there is no other moderator in the District may have to change the By-Laws.” Paul Joly said, “If we ran into a tie at
that meeting he couldn’t do anything to break the tie. Where did he come from?” Carol Stevens said, “John Blake, David
Gay, David Gay recommended him because half the time we couldn’t get
McKeon.” Paul Joly said, “On the
relative thing did you go over that.”
Charlie Roderigues said, “I went over that another question he’s a
first cousin, he’s a very distant cousin.”
Paul Joly asked, “What did David say in that letter?” Carol Stevens said, “What Matthew Costa
said was he addressed the sister in-law but cousins are direct blood even
closer than a sister in-law if it pertains to Chuck they can’t vote they have
to do a disclosure in writing and recuse themselves from voting.” Paul Pacheco said, “Commissioners
opinion; As a Commissioner you got the
law we did our job we appointed him and him you guys figure it out you’re
going to be appointing them you don’t need our approval.” Paul Joly said, “Copy of the law he’ll have
to work within the law.” A discussion
was held regarding relatives. Charles
Roderigues will post the finance meeting at the Town Hall. Paul
Pacheco said, “I’d like to go into executive before we go further then we can
go back into regular.” Carol Stevens
said, “You have to state what executive is for and it has to be for executive
reasons.” Paul Pacheco said, “It’s for
new information on the contract.” Paul
Joly said, “I’ll second it, can we do that are we all set on that?” Paul Pacheco said, “All in favor, only one
aye (Paul Pacheco).” Carol Stevens
said, “I’m not sure you can’t just state it’s for negotiations unless it’s
for …” Paul Pacheco said, “Well I did he seconded we’re going to do it if
anybody thinks we’re wrong to do it.”
Paul Joly said, “Wait a minute let’s make sure we’re in the right
direction.” Carol Stevens asked, “You
called David Gay on your own today?”
Paul Pacheco said, “Yes.” Carol
Stevens asked, “Without talking to the others?” Paul Pacheco said, “Yes I did.” Carol Stevens asked, “How can you call
executive session if the other two aren’t aware of what you’re going into, we
just had a meeting on this.” Paul
Pacheco said, “I’ll explain it to him.”
Carol Stevens said, “I’m not going to do anything illegal I’m
sorry.” Paul Joly said, “No.” Paul Pacheco said, “We’re not going to do
anything illegal.” Carol Stevens said,
“It’s doing something illegal.” Paul
Pacheco said, “No it isn’t listen we’re going into executive meeting I have
reason to go into executive meeting if you think our reason is wrong call the
Lawyer, call the Cops, call anybody I don’t care I’m saying I want to go into
executive meeting I’ve got good reason to go in so we’re going to do
it.” Carol Stevens said, “He just said
the three of you will not get a hold of David Gay unless it’s the three of
you, you just went on your own again today behind the two of their
backs.” Paul Joly said, “This is the
second time something like this has happened and we brought this up before.” Paul Pacheco said, “When we come back into
public we can discuss that, why that got brought into why we’re going into
executive two separate …” Carol Stevens said, “Because I just went to a
meeting with David Gay that says it’s illegal to do that.” Paul Pacheco said, “And all the new laws
are July 1st.” Carol Stevens said,
“Bring to me all the executive session minutes that you had. Turn in all the executive minutes I as
Clerk have to have executive minutes I don’t have any from your executive
meetings.” Paul Pacheco said, “No
decisions were made.” Paul Joly said,
“If this is a negotiation thing we’ve got a meeting coming on the 8th.” Paul Pacheco said, “This is important this
needs to be talked to tonight and we don’t need permission from our help this
is the Water Commissioner.” Carol
Stevens said, “I’m the Clerk I’m responsible.” Paul Joly said, “I’m not going to go along
with that I want this brought up if it ‘s a negotiation thing it should be
done when Gay is here and the three of us are here that way we’re covered by
the minutes of the agenda.” Paul
Pacheco said, “We’re having this whole other meeting with the Finance
Committee and everything else without the member.” Paul Joly said, “It’s listed on the agenda
that’s it cut and dry thing negotiations a whole different thing.” Carol Stevens said, “You had to be at the
meeting the other day to find out the things we’ve doing wrong.” Paul Joly asked, “Did you give him a copy
of this?” Carol Stevens said, “I did.” Paul Joly said, “David gave us a rough
draft I’ll tell you Paul it’s really pretty much cut and dry you can’t do
anything unless you’ve got a specific thing that’s posted forty eight hours
and executive session stuff.” Paul
Pacheco said, “This is something that can’t be posted.” Paul Joly said, “I’m not going to go that
route I’m going to follow what they told us down there on executive sessions
and on these new regulations on this open meeting law.” Paul Pacheco asked, “So you don’t want to
go into executive session.” Paul Joly
said, “I don’t want to go because we were told the other day about this it’s
a gray area but we’ve got a meeting coming up on the 8th we can do it then we
don’t sign any contracts till down the road I’m sure it can wait till we meet
with everybody.” Paul Pacheco asked,
“So do we have anything else we can go into executive under?” Carol Stevens said, “Not legally no.” Paul Joly said, “No.” Karen O’Connor said, “I have a question
after that discussion.” Paul Joly
said, “Go ahead what have you got.”
Karen O’Connor said, “Well she mentioned I need the minutes for
executive sessions I didn’t think executive sessions were allowed to leave
the office.” Carol Stevens said, “They
were supposed to be giving them to me I’ve never received any.” Paul Joly said, “A decision comes up down
the road if it’s legal or something like that the Attorneys can request
it.” Karen O’Connor said, “I thought
this was supposed to stay in the office.”
Paul Joly said, “No, it’s changed some of the stuff can be public.” Karen O’Connor said, “It can be public
after it’s closed it can then be public.”
Paul Joly said, “Always been when you dealt with personalities they
use to just call executive session.”
Karen O’Connor said, “No, no actually in the public laws it states
when you go into executive session you give a number what department it is suppose to give a description.” Michael Perry said, “Paul, if you go into
executive session with two different people inside the District here I even
think they get the right to have an Attorney here.” Carol Stevens said, “Yes they do.” Karen O’Connor said, “Yes they do.” Michael Perry said, “You can have an
Attorney there.” Carol Stevens said,
“If it’s a discussion about any person in here they are suppose to be
notified before they go into executive session.” Paul Joly said, “Personality that’s why you
do it forty eight hours before.”
Michael Perry said, “They have that right.” Karen O’Connor said, “I just never knew
executive session could leave this office.”
Carol Stevens said, “They’re supposed to be given to me.” Karen O’Connor said, “Right they’re
supposed to be in a book.” Carol
Stevens said, “Kept until anyone asks for them.” Karen O’Connor said, “Right, right public
knowledge after it’s closed.” Carol
Stevens said, “You’re right.” Karen
O’Connor asked, “So are you going into executive session?” Paul Joly said, “No we’re not.” Paul Pacheco said, “Ok next on the agenda
the key or the keys I should say. You
guys I guess the very meeting that you guys had I was working that day I said
I could come over to sign that paper and leave and then slowly I found out
all the things that happened afterwards one of the things was whose got keys
around here how I found that out was first of all I saw the lock truck here
so maybe they’re going to change the locks so I asked Carol what are they
doing.” Paul Joly said, “But you knew
we were changing the locks.” Paul
Pacheco said, “No I did not I had no idea because nobody told me because I
wasn’t at that meeting I left that meeting early nobody told me about that at
all.” Paul Joly said, “I think we had
discussed that previous with all three of us here.” Paul Pacheco said, “No, no what happened on
Monday you were elected we had a meeting scheduled with the Union for
Wednesday morning and we had to sign warrants they had to be signed Wednesday
I told you guys I’m going to be in and out hauling cars 10:00 I can run over
I can sign I don’t have time to hang around for a meeting. You guys decided to have a meeting
afterwards everything that was talked about in that meeting I never found
about slowly piece by piece I found out how I found out was like I said I saw
the lock truck here that was the first clue so when I asked Carol about why
the lock truck was here she said ask Chuck so I asked Chuck he said going to
change locks on the gate so I came in doors locked the other day go to get my
folder so I try one key I tried the other key it don’t work he’s watching me
does he say locks have been changed no so when I turn around I say Chuck the
locks been changed yup they’ve been changed where’s my key you ain’t getting
one see the tail is starting to wag the dog around here okay you were told Ed
Swartz had keys and Ed Swartz didn’t have keys.” Paul Joly said, “ Let me tell you what happened okay we found
out after we had that discussion Ed Swartz didn’t have a key and I said I
don’t need a key and she said she didn’t need a key you said you wanted a
key.” Paul Pacheco said, “That’s
right.” Paul Joly said, “So you knew
what we were doing.” Paul Pacheco
said, “No, this was afterwards this was the last meeting we just had the very
last meeting we had five minutes after I found out my key didn’t work that’s
when Sue went into all that that’s where we stated to get back into the old
routine of the tail wagging the dog around here.” Paul Joly said, “You know why the key deal
came up because there were guys getting to the water tanks over there and
everybody had a key and there were too many keys floating around and that’s
why we decided to change the locks.”
Paul Pacheco said, “Padlocks and that’s what I was told when the guys
were here.” Charles Cestodio said,
“All the locks.” Paul Joly said, “All
the locks, all the locks because nobody had a record of who had keys Swartz’s
name came up did he have a key Carol said no he didn’t have a key never
wanted a key. Kenny didn’t want a key
did he?” Paul Pacheco said, “Right
that’s right no Kenny didn’t want a key they were afraid
they were going to get blamed on something.” Paul Joly said, “You wanted a key, you
wanted a key.” Paul Pacheco said,
“That’s right.” Paul Joly said,
“Alright.” Paul Pacheco said, “I feel
the Commissioners should have the keys.”
Pau Joly said, “That’s the reason why so many keys floating around we
made the decision to change them.”
Paul Pacheco said, “That’s right before this whole key thing came up
there was not even a key to that office that the fire department had the fire
department came here twice could not even get in that office.” Paul Joly said, “There’s a key there now.” Paul Pacheco said, “That’s right there’s a
key there now.” Paul Joly said, “Let’s
talk about now.” Paul Pacheco said,
“Right so now I think everybody that had keys should have their keys
back.” Paul Joly asked, “Why do you
need a key?” Paul Pacheco said, “I
need a key to go in to get my mail for one, couple of times we’ve been here
where Carol’s not here Tina’s not here somebody needs to get into that
room.” Paul Joly asked, “Who needs to
get in there?” Paul Pacheco said, “It
depends on what, for the fire department.”
Carol Stevens said, “The fire department has a key.” Paul Pacheco said, “If they come here they
don’t have to open up that box they come here somebody’s here the smoke alarm
comes off so now you’re going to make them open that up why not why not.” Paul Joly said, “The problem is we know who
has keys we know two people have keys we’re not going on a witch hunt if
anything happens we know two people who have keys we can control two keys we
start taking keys out and start handing them to this guy and that guy we’re
back into square one again and then a year or two later we’ve got to go
change the locks.” Paul Pacheco said,
“You guys got to change the locks every time you change Commissioners
anyways.” Paul Joly said, “Well you
don’t have to change locks every time you got new Commissioners only you just
have to patrol who the hells got the keys you don’t hand them out to
everybody.” Paul Pacheco said, “And
like I said the whole thing around here is starting to the tails wagging the
dog.” Paul Joly said, “Well you decide
what you want you were part of the tail before.” Paul Pacheco said, “No we were part of the
dog getting the tail to wag now all of a sudden you talk about undermining
Chuck shouldn’t undermine people.”
Carol Stevens said, “I’m not undermining.” Paul Pacheco said, “But yet everybody come
in Ed’s got keys and undermine the Commissioners Chuck you sit there and tell
me so many times you don’t like people stabbing you in the back and this and
that but when I saw the lock truck here you sat there and watched me trying
to put it in and then you smirked about it.”
Charles Cestodio said, “I told you that day, I specifically stated
that day that we were changing all the locks.” Paul Pacheco said, “You told me the
gates.” Charles Cestodio said, “I
didn’t say the gates.” Paul Joly said,
“All the locks, all the locks.” Paul
Pacheco said, “You didn’t say all the locks Chuck.” Charles Cestodio said, “I said all the
locks.” Paul Joly said, “That’s what
we discussed here we were changing all the locks.” Paul Pacheco said, “Yeah at the meeting
that I wasn’t here.” Michael Perry
asked, “What every single door?” Paul
Pacheco said, “Everything they went and changed everything because somebody
said Ed Swartz had keys Ed didn’t have a lot of keys.” Carol Stevens said, “Ed had no keys.” Paul Joly said, “We knew Swartz didn’t have
a key when we discussed this originally but we didn’t know who had a key
because they were floating all over the place.” Karen O’Connor said, “I can understand what
Paul is saying I think seriously not everybody needs keys.” Paul Joly said, “We didn’t know who had
keys.” Karen O’Connor asked, “So what
does the Water District have two people have keys now?” Paul Joly asked, “Chuck and Carol?” Charles Cestodio said, “No the only ones
that have keys to that door they’re bonded.”
Paul Pacheco said, “They’re bonded I would like to see their bonds I
want to see Tina’s bond and your bond.”
Carol Stevens said, “You can see them they’re right in there.” Paul Pacheco said, “Okay get them for
me. Can somebody explain to me why
that room you need to be bonded to have a key to it?” Paul Joly said, “Personal
information.” Carol Stevens said,
“Exactly there should be no one in that office.” Paul Pacheco said, “There’s personal
information in other parts of this place.”
Paul Joly said, “We’re talking about private records, social security
numbers, all of that.” Carol Stevens
said, “No one should be in the treatment end either.” Paul Pacheco said, “Go in that closet
that’s where it is it’s not in that room its right there.” Carol Stevens asked, “How do you know that
Paul how do you know what’s in that closet?”
Paul Pacheco said, “Because you and Tina whenever you need something
and you say hold on let me put it in the safe over here.” Carol Stevens said, “Let me tell you
something it wasn’t Chuck and I that undermine you either.” Michael Perry said, “This is getting off
the course.” Carol Stevens said, “I
know we are supposed to be doing rules and regulations.” Paul Joly said, “We’re going to basically
just cut this that’s it he was here when we did have a meeting this is just
going nowhere.” Paul Pacheco received
a phone call and stepped outside.
Carol Stevens said, “We asked him if Ed had keys.” Paul Joly said, “Yes.” Carol Stevens said, “It wasn’t Chuck and me
that undermined him.” Karen O’Connor
said, “Actually you should have keys that can’t be copied. Charles Cestodio said, “That’s what they
are.” Karen O’Connor said, “Oh that’s
perfect.” Paul Joly asked, “How true
is that people really honor that if it says cannot duplicate it?” Carol Stevens said, “If someone should make
a key and they weren’t authorized they can get fired.” Michael Perry asked, “How many
Commissioners come in here and do work at night?” Paul Joly said, “There’s no reason to come
in here at night.” Charlie Roderigues
said, “I wouldn’t want one I wouldn’t want a key.” Paul Pacheco left the meeting saying he had
a family emergency. Paul Joly was the
only remaining member so the meeting could not continue. Respectfully
Submitted, Carol
A. Stevens District
Clerk Those
in Attendance: Paul
Joly Paul
Pacheco Charles
Roderigues Karen
O’Connor Ronald
Whitmore Michael
Perry Charles
Cestodio Jr. Carol A.
Stevens
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