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Board of Selectmen Minutes 04/08/2008
April 8, 2008                                                   BOARD OF SELECTMEN

Chairmen John Donahue called a joint meeting with the Finance Committee to order at 6:10pm.

Present were John Donahue, Donald L. McKinnon and Joseph R. Pacheco; Marie Smith, Jim Ross and Duane Wheeler from the Finance Committee.

Mr. Donahue discussed and reviewed the May Town Meeting Warrant Articles with the Finance Committee.  Mrs. Smith thanked all Department Heads for their efforts on the budgets.  Mr. Donahue requested a copy of the budget.  Mr. Wheeler presented the Board with a draft copy of the budget, including one change for the Sewer Retirement line item, which was discussed with Mr. Buckner on this date.  Mr. Wheeler said that Articles 1-9 are housekeeping items and are correct.  Mrs. Smith reviewed the following: Article #10-proposal for a $6,000 postage machine, which is necessary because the present machine was inadequate; Article #11-$10,000 building maintenance-yearly Article; #12-Re-certification program; Articles #13-19 - all Zoning By-Law Articles; Article #20-$15,000 for Borden Colony; Article #21-After School Program; Article #22-Start-up for After School Program; Article #23-25-yearly Articles; Article #26-Highway Maintenance transfer, yearly Article; Article #27-Landfill transfer, yearly Article; #28-Sewer Department, Mrs. Smith said that the Sewer Department budget is larger this year because the retirement funds will be paid straight from the Sewer Department Enterprise Account; Article #29-Bond payments; Article #30-Ambulance Receipt Account for Fire Department; Article #31-Rave Volunteer; Article #32-Hill Street drainage; Article #33-Land gift from the Raynham Center Water District to the Cemetery Department; and Article #34-TIF acceptance.
Mr. Wheeler said that this year’s budget contains 53 weeks.  Mrs. Smith said that she asked each Department for two budgets, one with level funding and one -2% with an additional week for the year.  
She said that the amount for the additional week, $99,000, could be placed on the May Town Warrant or on the Fall Town Meeting Warrant.  Mr. Donahue asked if the funds from Aquaria had been certified yet.  Mr. Buckner said they had been and there would be an Article on the Special Town Meeting Warrant.  Members discussed the amount of funds in the Stabilization Account.  Mr. Wheeler stated there is presently $450,000 in the Account and with the additional $400,000 from the certified cash; the total would be $850,000.  Mr. Donahue discussed the figures for the School Budget, which includes an increase from last year of $293,000.  Mr. Donahue said that the level funding for the schools could result in lay-offs and asked if there was any way to help with additional funding.  
Mr. Wheeler said the Finance Committee was aware of  the school’s budget and with the district’s increase in health, retirement and bus expense.  Mrs. Smith said that the Finance Committee would like to see a balanced budge at this time due to the fact that capital items will need to be addressed at the Fall Town Meeting.

6:42pm Board members unanimously voted to recess.

7:12pm - Mr. Donahue reconvened the regular meeting of the Board of Selectmen

Mr. Donahue informed all that the Board was returning from an Executive Session regarding Contractual Negotiations.

Mr. Pacheco motioned and Mr. McKinnon seconded to accept the minutes of April 1, 2008 meeting
as printed.  The vote made it unanimous.

Chief Andrews was present and updated the Board on the Fire Department’s Activities for the month of March.  Chief Andrews informed all that the Fire Department will be participating in the Parade on Sunday.

Mr. Perry, Health Agent, was present and took a moment to thank Mr. Donahue for his years of service to the Town, Board of Selectmen and Board of Health.
Mr. Donahue thanked Mr. Perry for his kind words and thanked him for his dedication to the Town.

7:19pm-Mr. Donahue reconvened meeting with Earthsource, Inc.
Present was Mr. Perry-Health Agent, and Attorney Antine-Town Counsel.  Mr. Kelly and Mr. Carney-Earthsource, Inc. and Michael Morrizio, Attorney for Earthsource.  John Dolan and John McGarry, Sewer Commissioners and Frank Cabral, Superintendent.
Mr. Perry updated all on the procedure for the Board of Health Hearing.  He stated that the Board of Health is still receiving complaints of odors.  He presented a complaint log to the Board, which consists of 30 complaints since March 18, 2008.  He informed all that complaints were recorded from 123, 170 & 54 Robinson Street; 45 & 60 Wilbur Street; 65 Ryan Drive and East of Rt. 138.  Mr. Perry stated that he has been in communication with Mr. Kelly and the Sewer Department.  He stated that a test for hydrogen sulfide was performed at the manhole in front of 123 Robinson Street recently, which detected a high reading.  He said that the last complaint logged in was on April 4, 2008. Complaints were received from 60 Wilbur Street and 170 Robinson Street of an odor.  Shortly after the complaint was received, Mr. Pacheco was contacted and visited the area to confirm the odor.  Mr. Donahue said that there are two different odors, ambient and sewer odors which the Board must work with.  Mr. Carney stated that he has been doing business in the Town for forty years and would like to always be a good neighbor.  He informed the Board that since the last meeting, Earthsource has met with the Sewer Department and confirmed there were odors coming from the manhole on Robinson Street.  He further said that Earthsource has been working on a daily basis with the Sewer Department.  He stated that they have ordered equipment, which would correct the problem and is due to arrive within 7-10 days.  Mr. Carney informed that since the last meeting, Earthsource has built a stone wall around the receiving area.  Mr. Carney stated that he realized there was an issue and hoped to correct it soon and appreciated the time the Board has given to do so.  Mr. Kelly presented the Board with an interim report for the past month including corrective actions to be taken.  He informed all that on March 28, 2008 an oxidizing station was installed and that a second dosing station would be added along Rt. 138 and that there would be a pilot study using a biocide.  He had been at the manhole on Robinson Street daily with the Sewer Department.  Mr. Kelly informed the Board that the equipment ordered to help correct the issue is a bio-filter and dry scrubber.  He confirmed that they were admitting to a problem and was responsible for the issues.  Mr. Perry asked if it is possible to test the effluent before it left the plant.  Mr. Kelly said that the plant had a process of testing the effluent for consistency.  Sewer Commissioners said that the action plan presented was to add a second dosing chamber and/or to relocate a force main which would flush south towards Ryan Drive.  Sewer Commissioners asked Earthsource why they had not opted to relocate the force main.  Mr. Carney said that Earthsource wanted to find where the problem was before relocating the main and not just send the problem to another area.  Mr. Carney stated that they would be willing to relocate the main if it would solve the problem.
Mr. Donahue said that according to the complaint log, the odor does not seem to be just coming from the manhole on Robinson Street as stated at the last meeting.  Mr. Donahue asked if the cause of the problem could be coming from individual stacks located at residents home.  Mr. Cabral commented that the readings are monitored daily for hydrogen sulfide along with monitoring of wind for odors.   Mr. Pacheco stated that on April 4, 2008, he was contacted by the Board of Health after receiving complaints and arrived in the Robinson Street area shortly thereafter.  Mr. Pacheco said an oatmeal odor was noticed and as he got closer to the Earthsource plant, the odor worsened.  Mr. Pacheco said he walked around the neighborhood and found evidence of different levels of odor.  Mr. Pacheco asked Mr. Kelly if the washing of the scrubbers once a year was sufficient.  
Mr. Kelly said he was confident that once a year is sufficient.  He stated that in January, a process of washing was done and very little sediment was found at that time.  Mr. Carney stated that they could do the washings on a quarterly basis if need be.  Mr. Pacheco stated that the goal is to remove the odor totally.  Mr. Carney assured all that they would exhaust everything possible to correct the problem and is dedicated to working with the Sewer Department.  
Mr. Donahue asked for a recommendation based upon the proposed corrective action plan.  Mr. McGarry recommended reconvening in two months, allowing time for Earthsource to conduct tests on the new dosing station.  Mr. Perry asked if the testing results would be able to determine the sole source of the odor.  
Mr. Carney stated that Earthsource would take care and be responsible for the odor no matter who is at fault.  Mr. Perry asked if there would be any issues based on health and safety with the dosing being proposed.  Mr. Carney stated that the dosing is non- hazardous.  Mr. Perry asked for a time frame from Earthsource for which the plan could be implemented to a point where there were no issues.  Mr. Kelly said it would be approximately two weeks to a month.  Mr. Perry asked if the proposed plan would take care of both the sewer and ambient odors?  Mr. Kelly agreed it would.  Mr. Perry requested an engineering plan be submitted to the Board upon the complete installation of the equipment.  Mr. Kelly agreed.  Mrs. Borrus of Robinson Street said that she is not hooked up to any sewer line and odors are detected around her home.  Mr. Hall, 45 Wilbur Street, was present and questioned the amount of discharge from Earthsource.  Mr. Kelly explained the BOD levels, allowable amount and stated that Earthsource is only discharging 65% of estimated usage.  Mr. Carney asked for a two-month period for all the equipment to be installed and operational.  Mr. Ghelfi of Wilbur Street was present and stated that he does not want the sewer smell, but also does not want the smell of chemicals.  Mr. Kelly said that the smell would only be bleach and one must be extremely close to the source to detect the odor.  He said that the masking agent was turned off a week ago.  Rob Palmer was present and asked if the Wilbur Street discharge flowed to the main on Rt. 138.  Mr. Cabral stated that the Wilbur Street discharge flows east.  Mr. Palmer stated that there was no odor present except during this past weekend.  Mr. Carney stated that the number of weeks would not matter, he only suggested two months for the equipment to be installed and testing could be performed.  Mr. Blanchford questioned the operations at the plant which has been stated would stop the ambient odors.  Mr. Carney stated that the proposed plan should take care of all issues.  Mr. Kelly confirmed that the tanks in the rear of the building have a vent and that the scrubbers, which are on order, should take care of the odors.  He said that at present there are carbon filters on the vents.  Another resident at 78 Wilbur Street was present and informed that on April 4, 2008 the odor was not noticed in the front of her home around 6:30pm, but around 6:50pm she exited the rear of her home and noticed an odor along with a perfume smell.  Russell Reed, 60 Wilbur Street, was present and asked if the chemicals used are bio-hazardous.  Mr. Kelly will forward MSDS sheets to the Board for all chemicals used in the process.  
Mr. Perry stated that Earthsource had determined the source of the odor and that Mr. Kelly has admitted to the ambient odor.  He stated that due to the admission of an odor problem by Earthsource, documentation would be forwarded to Mr. Kelly.  Mr. Perry stated again that he would require a confirmation from Earthsource as to the implementation of the proposed plan.  He said that if the odors do not abate at the end of the time frame, the Board would need a plan of action for which to act upon.  He stated that a fine could be charged for each day the problem is not resolved.  He also said that if the odor was not corrected after the allowable time, the ultimate action would be to shut down the process of the plant.  Mr. Donahue agreed with Mr. Perry and that deadlines are important especially to the neighbors.  Mr. Donahue suggested six weeks from tonight.  Mr. Perry asked for confirmation from the Board regarding fines to be implemented after the 30-day time limit.  Mr. Donahue stated that he agrees with all except the date.  
Mr. Carney and Board members discussed the possibility of additional complaints after the corrective plans were in place.  Mr. Perry stated that the Board would need to verify the odor.  Mr. Carney requested to be contacted upon the receipt of any complaints.  Mr. Perry concurred.  
Mr. Blatchford asked for information regarding a contact if odor was detected at 3am.  Mr. Donahue said that the Board could possibly work with the Fire or Police Department to verify the odor.  

Attorney Antine recommended a two-month time frame, which would give time for delay in delivery of the equipment or any unforeseen issues.  He said that if odor still existed after the date for which the Board sets, the Board would need to prove the source of the problem.  He asked if equipment could be installed closer to Earthsource to possibly obtain a better detection of the source.  He also requested that he review all correspondence prior to mailing to Earthsource.  Mr. McKinnon suggested a joint meeting with Attorney Antine after the review of documentation.  Mr. Dolan suggested progress reports to be forwarded to the Board of Health from Earthsource every two weeks.
Mr. Pacheco motioned and Mr. McKinnon seconded to authorize the Health Agent to enter into communication with Attorney Antine to issue Order of Abatement for 60 days.  Mr. Donahue made it unanimous.
8:57pm -Mr. Pacheco motioned and Mr. McKinnon seconded to close the Public Hearing.  Mr. Donahue made it unanimous.

8:58pm- Mr. Pacheco motioned and Mr. McKinnon seconded to recess.  Mr. Donahue made it unanimous.

9:00pm – Mr. Pacheco motioned and Mr. McKinnon seconded to reconvene the meeting.  Mr. Donahue made it unanimous.

Mr. Pacheco motioned and Mr. McKinnon seconded to appoint Martin Newfield to the SRPEDD Commission as the Board of Selectmen Representative, and Roger Stolte to the Joint Transportation Planning Group with Richard McCarthy as alternate.  Mr. Donahue made it unanimous.

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

Mr. Pacheco motioned and Mr. McKinnon seconded to close the warrant for the Annual Town Meeting.  Mr. Donahue made it unanimous.

Mr. Pacheco motioned and Mr. McKinnon seconded to approve the articles for the Town Meeting Warrant as printed.  Mr. Donahue made it unanimous.

Mr. Pacheco motioned and Mr. McKinnon seconded to close the Special Town Meeting Warrant on April 15, 2008.  Mr. Donahue made it unanimous.

Mr. Pacheco motioned and Mr. McKinnon seconded to cancel the scheduled Board of Selectmen Meeting for April 22, 2008.  Mr. Donahue made it unanimous.

Mr. McKinnon informed all that he recently attended the 90th Birthday Party at the Life Care Center.

Correspondence - The Board received from residents of Gatsby Drive a request for sewer.  Mr. Donahue said that Attorney Antine confirmed that the letter is not a citizen’s petition for a town meeting article.   Mr. McGarry said that Gatsby Drive was in Phase 6, contract 4 of the Sewer Project, unfortunately, Contracts 2 & 3 must be completed prior to moving to Contract 4.

Correspondence – The Board received information regarding Household Hazardous Waste Day.

Correspondence – The Board received from the Office of the Governor information regarding Chapter 90 Local Transportation Aid Funding for FY09 including Raynham’s apportionment in the amount of $360,056.

Correspondence – The Board received from Conservation Commission information regarding the completion of the wall at Johnson Pond, extension of the proposed Fire Department drafting pipe and an invasive iris species.

Correspondence – The Board received a request from the Taunton High School Class of 2010 for a car washes on April 19, May 31, June 14 and June 28.  Mr. Pacheco motioned and Mr. McKinnon seconded to approve the dates pending approval from the Water District.  Mr. Donahue made it unanimous.

8:20pm – Mr. McKinnon motioned and Mr. Pacheco seconded to adjourn for the performance of administrative duties, signing Bills with no business to be conducted afterwards.  Mr. Donahue made
it unanimous.


Respectfully submitted,


Dawn M. Caradonna
Recording Secretary



 
Town of Raynham 558 South Main St., Raynham, MA 02767 Phone: 508.824.2707
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