Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Board of Selectmen Minutes 04/12/2005


April 12, 2005
Chairman Raymond W. Platt called the regular meeting of the Raynham Board of Selectmen to order at 7:32pm.

Present were Raymond W. Platt, John Donahue and Donald L. McKinnon.

Mr. McKinnon motioned and Mr. Donahue seconded to accept the minutes of the April 5, 2005 meeting.  Mr. Platt made it unanimous.

Mr. Platt informed all that the Board was returning from Executive Sessions regarding possible litigation and negotiations.

Attorney Antine was present and presented the Board with a form to be voted and signed by the Board to accept an easement from Paramount Development Association, Inc. to the Town of Raynham.  Mr. Donahue motioned and Mr. McKinnon seconded for the Board of Selectmen to accept and sign the attached Grant of Easement and Agreement from Paramount Development Associations, Inc., in property shown as “20’ DRAINAGE EASEMENT 772+/-SF’” (hereinafter the “Easement Area”) on a plan entitled ROUTE 44 RAYNHAM, MA (BRISTOL COUNTY)” dated July 30, 2002” (hereinafter the Plan”), which Plan is recorded with the Bristol County Northern District Registry of Deeds in Plan Book 435, Page 38.  Mr. Platt made it unanimous.

Chief King was present and informed the Board that Officer Morin will remain absent from his position throughout the duration of the fiscal year.  Chief King requested the Board’s approval to receive a list from Civil Service for a temporary police officer.  Mr. McKinnon motioned and Mr. Donahue seconded to grant Chief King’s request.  Mr. Platt made it unanimous.

Deputy Chief Pacheco was present and informed all that the School Safety Officer will be conducting fitness/health days on May 28 and 29, 2005.

7:40pm – Public Hearing – Mastria Subaru of Raynham, Inc., application for Class I New Vehicle Dealer’s License.  Ed Ferreira was present to represent Mastria Subaru.  Mr. Ferreira thanked the Town for allowing them to continue business in Raynham.  Mr. McKinnon motioned and Mr. Donahue seconded to approve a Class I New Vehicle Dealer’s License for Mastria Subaru.  Mr. Platt made it unanimous.

7:43pm – Public Hearing – Hampton Inn’s application for hotel/motel license.  Michael Buddimyer was present and thanked the Town of Raynham for allowing the hotel to move forward in Town.  Mr. Perry, Health Agent, was present and recommended approving the application in concept while waiting until the hotel is completed and has a final inspection for the occupancy permit.  Mark Turner, resident, was present and asked if the hotel used septic or Town Sewer.  Mr. Perry informed all that it would be Town sewer. Mr. McKinnon motioned and Mr. Donahue seconded to approve in concept the application for hotel/motel license.  Mr. Platt made it unanimous.

7:46pm- Public Hearing – TMLP Pole relocation on Broadway.  No representation was present.
Mr. Platt informed all that the relocation of the pole is a joint relocation for TMLP/Verizon, EL213 to be relocated 50 feet.  Mr. McKinnon motioned and Mr. Donahue seconded to approve the request for relocation of Pole 213, with the exception of the pole not being in a sidewalk.  Mr. Platt made it unanimous.

7:48pm Mr. McKinnon motioned and Mr. Donahue seconded to move up Citizen Input on the agenda.  Mr. Platt made it unanimous.

Mark Turner was present and expressed his concerns regarding the sewer tie-in for Walter Drive, Forest Street, Leonard Street and Locust Street.  Mr. Turner explained that the residents of his neighborhood would like to be included in the Phase V or Phase VI of the sewer project.  Mr. Platt stated that the Board of Selectmen would like to have the entire Town tied into sewer.  He said that the Board agreed recently to a date of May 3, 2005 as a drop-dead date with the City of Taunton.  He said that the Board is ready to proceed with arbitration or litigations if an agreement cannot be agreed upon by the drop-dead date.  Brendan Loftus expressed his concerns of being left out of the Phase V/Phase VI sewer project.  He asked if the Town could install “dry pipe” and finish the roads.  Mr. Platt said that the “dry pipe” would be an option to be considered. Mr. Donahue explained that the IMA Agreement made in the early 1970’s with the City of Taunton had a term of twenty-years plus a 20-year extension granted in the early 1990’s.  Mr. Loftus asked the Board why the DEP was signing off on projects to tie-in to the sewer while South Raynham was being left out.  Harold Holmes was present and asked if it was an option for the Town to lease capacity from Dighton.  David Yelle of Judson Street asked why the City of Taunton was dictating to the Town of Raynham where it is a regional sewer plant.  Mr. Platt agreed that it is a regional sewer plant and he did not know why. Mr. Yelle stated that he would be in favor of arbitration if negotiations were not positive.  Paul LeClerc asked if the IMA and capacity is the same issue.  John Dolan from the Sewer Commission was present and informed all that the IMA stated in 1970 for Raynham a flow of 600,000 gals/day.  Mr. Dolan explained the process by which Raynham followed per DEP for SRF Funding when they applied years ago.  Mr. Dolan stated that plans are moving forward where as early as tomorrow bids will be asked for the project.  Sandy Leahy was present and asked why Raynham couldn’t start legal actions immediately?  Mr. Platt explained that the Town would like to negotiate with the City of Taunton before proceeding.  David Erickson was present and asked if the Town would go to litigation or arbitration?  Mr. Platt informed all that Town Counsel is researching the process and will inform the Board of its options.  Mr. Erickson stated that he would like to see the Town go to litigation.  Mr. McKinnon stated that Raynham and Taunton have a partnership and would like to see them remain this way.  He stated that seeing that they are a partnership, the Town process would be to start arbitration via litigation.  Mrs. Bissette of Forest Street asked the Board if the residents’ presence were needed at any further meetings.  Jean Oullette of 1087 Locust Street questioned the project contract for their end of the street.  Mr. Platt said he would have Mr. Cabral call her with the information.  
8:40pm – Public Hearing Closed
8:40pm- Mr. McKinnon motioned and Mr. Donahue seconded for a five-minute recess.  Mr. Platt made it unanimous.
8:44pm-Mr. Platt reconvened the regular meeting of the Board of Selectmen.

Mrs. Smith, Finance Chairman, was present and asked the Board if there were any questions regarding the items on the Warrant.  Mr. Platt informed there were none.
 
Mr. McKinnon motioned and Mr. Donahue seconded to accept April 22, 2005 at noon as the close date for Articles to be placed on the Special Town Meeting warrant.  Mr. Platt made it unanimous.

Mr. McKinnon requested Article #48 be removed from the existing Warrant.  He said that he would therefore present the article on or before April 22, 2005 to be presented at the Special Town Meeting.  Mr. Donahue concurred with the financial aspects, and would support Mr. McKinnon in obtaining the necessary signatures for a petition.  Mr. McKinnon motioned and Mr. Donahue seconded to remove Article #48 as presented from the Warrant.  Mr. Platt made it unanimous.
Mr. McKinnon motioned and Mr. Donahue seconded to accept the remaining articles as presented on the warrant.  Mr. Platt made it unanimous.

Mr. Buckner’s Town Administrator’s Report was reviewed.


Mr. Donahue asked for an update from Mr. Buckner regarding Aquaria.  

Mr. McKinnon reminded all of the election on April 23, 2005.

Mr. Donahue reminded all of the Planning Board continued hearing on Wal-Mart on Thursday, April 14, 2005.

Mr. Platt reminded all of the Board of Appeals Meeting on April 27, 2005 at 7pm.  He said that the CPA presentation last night would be televised on cable. He also said that a check was received from the Rt. 44 Auto Mile dealers in the amount of $2,000 for the Raynham Fire Department Ladder Truck.

Correspondence – The Board received a change in date notice from the Bridgewater/Raynham High School regarding Student Government Day.  The change is from May 6, 2005 to May 13, 2005.

Correspondence - The Board received a letter of resignation, effective May 31, 2005, from Bob Gettmann of the Raynham Board of Housing.  Mr. McKinnon motioned and Mr. Donahue seconded to accept with regret and to forward a letter to Mr. Gettmann.  Mr. Platt made it unanimous.

Correspondence - The Board received a request for a septic variance on Lot 16, Brook Street formerly 990 Locust Street.  The variance is for an acceptance of 32 minutes/inch percolation rate. Mr. Perry’s recommendation would be to approve the variance.  Mr. McKinnon motioned and Mr. Donahue seconded to approve the septic variance for Lot 16, Brook Street.  Mr. Platt made it unanimous.

Correspondence – The Board received from Kathleen Roberts a request for $5,000 for the celebration of Raynham’s 275th Birthday.  Mr. McKinnon motioned and Mr. Donahue seconded to accept the request for inclusion on the Special Town Meeting. Mr. Platt made it unanimous. Mr. Buckner will draw up the article.

Correspondence - The Board received from the Raynham Highway Department a request for approval of a bid for an equipment lift.  The Highway Department forwarded to the Board their recommendation from the three bids received to be Tool & Equipment in Attleboro.  Mr. McKinnon motioned and
Mr. Donahue seconded to accept the bid from Tool & Equipment for the equipment lift.  Mr. Platt made it unanimous.

Correspondence – The Board received a request from the following for Tag Days:  Raynham Youth Baseball and Softball League for a fundraiser on April 17 and April 21, 2005; Berkley Middle School, Destination Imagination for a fundraiser on April 11, 2005; and Teen Challenge International for a fundraiser on June 23 through 26, 2005.  Mr. McKinnon motioned and Mr. Donahue seconded to approve the listed for Tag Days.  Mr. Platt made it unanimous.

Mr. Scarlett was present and thanked Mr. Buckner for updating the Town computer information.

9:10pm-Mr. McKinnon motioned and Mr. Donahue seconded to adjourn for the performance of administrative duties, signing Bills and Warrants with no business to be conducted afterwards.  
Mr. Platt made it unanimous.

Respectfully submitted,



Dawn M. Caradonna
Recording Secretary