Chairman Donald L. McKinnon called the regular meeting of the Raynham Board of Selectmen to
order at 7:01pm.
Present were Donald L. McKinnon, Raymond W. Platt, and John M. Donahue.
Mr. Platt motioned and Mr. Donahue seconded to accept the minutes of the October 3, 2006 meeting as printed. Mr. McKinnon made it unanimous.
Chief Andrews was present and thanked all who attended the dedication of the Raynham Fire Department Ladder Truck this evening. Chief Andrews reminded all of the Fire Department Open House on Sunday, October 15, 2006 1-5pm. Chief Andrews requested the Board approve a full-time position for the Fire Department Ambulance Billing section. Chief stated that it would not increase a position rather it would change a part-time position to a full-time position. Board members concurred in favor of a part-time position changing to a full-time position.
Mr. Platt commended all who contributed to the Fire Department Ladder Truck fund.
Bernard Carp was present and presented to the Board an overview of Article l on the state ballot regarding Wine Sales in grocery stores. Chief Pacheco recommendation would be to have the law remain as is. Mr. McKinnon commented on the law and the governing of alcohol in grocery stores.
Mr. McKinnon suggested the Board hear from other agencies on the matter prior to making a recommendation.
Mr. Platt informed all that the TIF Committee met tonight for which Silvia & Quinn TIF was amended to reflect a recommendation from the State on the number of employees. The amendment would be for the retention of two full-time positions with an additional increase of 6 full-time position over 10-years. Mr. Donahue motioned and Mr. Platt seconded to accept the amendment on the TIF for Silvia & Quinn. Mr. McKinnon made it unanimous.
Mr. Platt said he noticed a Fed Ex truck with NH license plates traversing Rt. 138.
Mr. Platt requested Mr. Buckner contact Fed Ex for clarification of the number of vehicles in their fleet registered in MA through the Town of placeCityRaynham.
Mr. McKinnon stated that dust/dirt remained on Rt. 138 during the weekend and that residents should not be calling 911 but rather the appropriate number to report the issue.
7:31pm- Public Hearing, Earth Source, Inc. regarding odor complaints. Present were Robert Kelly, Attorneys Michael Morrizio and Joseph Lacouzo. Mr. Perry was present and gave a time-line for EarthSource, Inc. from opening to present as follows: January 2006 Mr. Kelly acquired an occupancy permit, with the facility opening in February 2006. March 2006-odors from the facility was documented from an abuttor business in the Board of Health Office. Mr. Perry said that through May 2006 Mr. Kelly and himself had many conversations regarding the odor. Complaints were received from the addressStreetRobinson Street area with odors occurring intermittently. In July, the Board of Health received a letter from Marson & Marson, attorneys for Ryan Iron Works, regarding the control of the
odor. Mr. Perry said he met several times with CityMr. Kelly to discuss an action plan to control the odor. Mr. Kelly said that Tech Environment was contacted in July and an Odor Action Plan was to be instituted within 45 days. By mid-September, Mr. Kelly informed Mr. Perry that the action plan had not been instituted due to the time frame in obtaining permits and approval from the Town’s Planning Board and Conservation Commission.
Mr. Perry said that last week Mr. Kelly submitted a building permit application to the Board of Health which he had signed off on. Mr. Perry said that complaints were received again during the past two weeks from residents, therefore he deemed it necessary to continue on with the Public Hearing even though Mr. Kelly had moved forward in the implementation of the Odor Action Plan. Attorneys Morrizio and Lacouzo of 50 State Street, Boston spoke of the Odor Action Plan. Attorney Morrizio presented the Board with binders, giving a technical overview of the facility, and an executive summary. He discussed the process of the treatment facility and stated that Earthsource, Inc. will be paying $150,000 annually to the Town for sewer usage. He said that Mr. Arms would be installing the truck enclosure and Phillip
Rollins would be installing the odor equipment starting the first week in October with completion of the project by the end of November. He stated that Mr. Kelly spent over $500,000 prior to receiving the approval from the Town on the Odor Action Plan. He related all the contacts Mr. Kelly made from July to present to resolve the odor issue.
Mr. Rollins, Aquest Air Systems, presented the Board with the Odor Action Plan designed by his company for Earth Source, Inc. He said that Organic Bio-Filters were installed throughout the building along with two large containers of carbon being installed on each end of the building. Mr. Donahue asked Mr. Rollins if his company was contacted recently or were they involved from beginning of the construction of the facility. Mr. Rollins stated that his company was contacted after the facility was built.
Michael Lannan, Tech Environment, presented the Board with an overview of the entire facility along with testing results from within and outdoors. Mr. Lannan informed all of the installation of covers to tanks located outdoors along with the control of odor within the facility. He stated that testing has been done during the last two weeks and no detection was recorded. It was stated by Mr. Lannan that under the odor action plan, it was impossible for the facility to have any odor. He said that nearby facilities could be contributing to the odor such as the asphalt plant, livestock and the Town sewer pumping station. He said that ASTM (Intensity Scale Testing), which is the standard DEP testing, were performed. A level of 3 or greater is a nuisance and never did they obtain a reading of 3 or higher,
therefore the facility was not a nuisance.
Wayne Arms was present and informed all that the truck enclosure would be received by October 25, 2006 and completely installed by mid-November. Bill Clifford of addressStreetRobinson Street expressed concerns of the odor levels obtained. Bruce Blatchford of addressStreet123 Robinson Street asked when the last time Tech Environment was inside the facility and were there any odors. Mr. Lannon said that he was in the facility during the past week. Mr. Blatchford informed all that he discussed with Mr. Kelly his concerns of odors protruding from a manhole cover in front of his home. He asked if the water discharged from the facility was temperature controlled and would that have an effect on the odor in the sewer lines. Rob Carey from the Sewer Department had visited Mr. Blatchford’s
residence and tested the odors from a manhole in front of his home and reported that the hydrogen sulfide levels were high. Mr. Blatchford also expressed concerns of the sewer pipes having an odor and the possibility of odor coming back through lines and into residence homes. Kevin Burns of addressStreet170 Robinson Street stated that he had logged the incidents of odor reported it to the Town. Mr. Burns said that the odor has caused his family inconvenience during the summer, where they could not enjoy their own backyard. Jane Borus of addressStreet54 Robinson Street stated that she had lived there for 30 years and had not smelled any odors until Earthsource’s plant was built. Larry Kelley of Ryan Iron Works stated that the smell had recently improved, but had not completely gone away. Mr. Donahue asked Larry Kelley if the odor was in a specific location. Mr. Kelley stated that he had smelled the odor in the front of his building at times
and on other occasions from the far rear. Mr. Kelley asked if the Sewer Commission could provide a recommendation especially if an odor is escaping from the sewer lines. Mr. Platt suggested neighbors continue to document odors through communications with Mr. Perry. Mr. Robert Kelly of Earth Sources stated that he did not expect to experience the odor from trucks at the start-up of the facility. Mr. Perry commended Mr. Kelly for his efforts in correcting the problem. Mr. Perry read the nuisance law. Mr. Perry recommended allowing Earth Sources until November 30, 2006 to complete the enclosure project.
Mr. Platt motioned and Mr. Donahue seconded to allow EarthSource till November 30, 2006 to complete the project and abate the nuisance. Mr. McKinnon made it unanimous.
Tom Clifford of addressStreet39 Carpenter Street, Rehoboth - employee of the Taunton/Raynham Dog Track commented on the sewer pumping station as a possible source of the odors.
Mr. Donahue motioned and Mr. Platt seconded for a recess of 10 minutes. Mr. McKinnon made it unanimous.
Mr. Donahue motioned and Mr. Platt seconded to reconvene the meeting of the Board of Selectmen. Mr. McKinnon made it unanimous.
Mr. Buckner’s Town Administrator’s Report was reviewed.
James Dupont was present and presented the Board with a Citizen’s Petition consisting of over 180 signatures to be placed as an article on the Warrant for the Special Town Meeting. Mr. Dupont stated the petition was to support an increase in the Board of Selectmen from 3 members to 5. He also presented the Board with a handout of Chapter 42, Section 2 which dealt with increasing the members of a Board. Mr. McKinnon stated that he would not be in favor of the increase in the Board. Mr. Donahue motioned to have a one article Special Town Meeting on October 30, 2006 at 7:00 PM prior to the already scheduled Fall Town Meeting. Mr. Platt seconded for discussion. Mr. Platt asked Mr. Dupont if he had any interest in a seat on the Board of Selectmen. Mr. Dupont stated that he had no
intention of running. Mr. Platt and Mr. Donahue voted yes. Mr. McKinnon voted no.
Correspondence - The Board received from Stop & Shop information regarding Question 1 on the ballot re: Wine Sales in grocery stores
Correspondence - The Board received from PlaceNameplaceBristol-Plymouth PlaceTypeHigh School an invitation to attend their open house on October 21, 2006.
Correspondence – The Board received information regarding Racing Commission hearing on
November 1, 2006 at 2pm.
Correspondence - The Board received information regarding ABCC training for Local Board members.
Mr. McKinnon said that he and Attorney Antine attended the ABCC Hearing in placeCityBoston this week regarding Christopher’s.
10:16pm – Mr. Donahue motioned and Mr. Platt seconded to adjourn for the performance of administrative duties, signing Bills and Warrants with no business to be conducted afterwards.
Mr. McKinnon made it unanimous.
Respectfully submitted,
Dawn M. Caradonna, Recording Secretary
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