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Raynham, Massachusetts.  Incorporated 1731

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Board of Selectmen Minutes 08/21/2017
Board of Selectmen                                                                                      August 21, 2017
Karen Donahue called the meeting to order at 6:30 p.m.
Present were Joseph Pacheco, Marie Smith and Karen Donahue

Acceptance of the Minutes
Mrs. Smith motioned and Mr. Pacheco seconded to accept the minutes of the August 8, 2017 meeting as printed, Mrs. Donahue made it unanimous.  

Department Heads & Committees

Chief James Donovan was present to give his monthly report.  There were 1,228 incidents, 47 people booked and there were 2 non-fatal overdoses.  They are having problems with on-site opiod issues and PPE has been purchased.  CO detectors are required for vehicles in the RPD.  There have been 2,125 vehicles stopped during traffic enforcement and 162 citations issued.  

Appointments

Mrs. Smith requested to table the appointments until the next meeting.  

New Business

Ms. Lynn Foster of Unibank was present to discuss the refinancing and repayment of bond.  The Board thanked Lynn for all of her hard work.  Mr. Pacheco made a motion to accept the winning bidder Robert Baird with a 1.53% rate, Mrs. Smith seconded and Mrs. Donahue made it unanimous.  
     I, the Clerk of the Board of Selectmen of the Town of Raynham, Massachusetts (the Town), certify that at a meeting of the board held August 21, 2017, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody:  
     Voted:  That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund a portion of the Town’s $8,819,000 General Obligation Municipal Purpose Loan of 2007 Bonds dated August 15, 2007 maturing on August 15 in the years 2018 through 2027, inclusive, (collectively the “Refunded Bonds”) and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds.  
     Further Voted:  that the sale of the $3,675,000 General Obligation Refunding Bonds of the Town dated August 24, 2017 (the “Bonds”) to Robert W. Baird & Co., Inc. at the price of $3,943,251.17 and accrued interest is hereby approved and confirmed.  The Bonds shall be payable on August 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:  

                                Interest                                        Interest
Year    Amount          Rate    Year    Amount          Rate
2018    $430,000                2.00%   2023    $390,000                4.00%
2019     420,000                2.00    2024     385,000                4.00
2020     410,000                2.00    2025     380,000                4.00
2021     405,000                3.00    2026     245,000                2.00
2022     400,000                3.00    2027     210,000                2.00    

    Further Voted:  that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated August 3, 2017 and a final Official Statement dated August 10, 2017 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.  

     Further Voted:  that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.
        
     Further Voted:  that the Town Treasurer and the Board of Selectmen be, and herby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time.  

     Further Voted:  that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds.  

     Further Voted:  that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.  

     I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03 (2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken in executive session, all in accordance with G. L. c.30A, §§18-25, as amended.  

Town Administrator’s Report
Mr. Flaherty reviewed the Town Administrator’s Report.   Michelle McGowan, who took the position of Senior Clerk in the Treasurer/Collector’s Office has resigned.  Mr. Flaherty will proceed to replace her.  
The vendor who has been selected to install the activation plate for Town Hall should begin work within the next couple of weeks.  The Town will be reimbursed through the ADA Grant offered by the State.  
The Capital Planning Committee has received some requests already.  Mr. Loftus and Mr. Flaherty will be meeting soon.  
The North School project is not complete they are waiting for work to be done.  The next North School Committee meeting will be held on August 30th.  
The next Selectmen’s meeting will be held on September 5th at 7:00 p.m. (off on August 29th)
The next Department Head Meeting will be held on September 22nd.  
Selectmen’s Report
Mrs. Smith wanted Mr. Flaherty to remind her of the next Capital Planning meeting.
Correspondence
Two letters were received recommending that Adam Perry and Linda Brackett be appointed to the North School Advisory Board.  Mr. Pacheco said its great were getting some more people involved.  Mrs. Smith said she is not happy to see so many people involved because the project is already underway, and we know exactly what’s going to be done there.  Mrs. Smith voted present, Mr. Pacheco voted to approve, Mrs. Donahue seconded.  
A request was received from Stuff the Goveia Truck in November for food donations, as has been done in the past.  Mr. Pacheco made a motion to approve, Mrs. Smith seconded and Mrs. Donahue made it unanimous.  
A request was received for a liquor license and a public hearing is scheduled for September 5th at 7:00 p.m.  
A request was received for a One Day Liquor License for a chicken barbeque to be held at the Lions Club.  Mr. Pacheco made a motion to approve, Mrs. Smith seconded and Mrs. Donahue made it unanimous.  
A letter of thanks was received from Janice Bosquin.   
Citizen and Community Input
June Silva was present and lives in the Housing for the Elderly said that she has heard that the housing complex is being taken over by the THA and she disagrees with the action and she also wants Joanne Stanley removed.  She is not for the people and they have problems constantly with her.   She likes Bernie and believes that she does a good job.  She has also gone to Sen. Pacheco’s Office to report this matter.  She is also not impressed by the people who represent THA.  Recently she had a situation where her air conditioner broke, she bought a new one and requested that maintenance take the old one out and replace it with the new one.  The response was that maintenance could not do it, so she threatened to call the BOH.  It was then taken care of by maintenance.  
Karin Dame was present and lives in the Housing for the Elderly and, does not know how the change will affect them.  She said that the tenants who are on walkers or wheelchairs have issues taking out their trash.  She also does not like Joanne Stanley and feels she is not fair.  
Delores Troutman was present and lives in the Housing for the Elderly and she was presented with a petition for the recalling of a Commissioner.  She was not sure of the legality of it and she went to Marsha Silvia who gave her the information on how to go about it and she would have to get 2,845 signatures to proceed with it.  
Mr. Pacheco said, the Board doesn’t appoint commissioners you as voters elect the commissioners.  
Audrey Dailey was present and lives in the Housing for the Elderly and said that since Karen and Debby left we have been treated like second class citizens and has issues with the trash.  She feels like the tenants are not welcome at the meetings.  She is also not impressed by the people who represent THA.  
Mrs. Smith said the last time I came to one of your meetings, you were in the process of going to interview for a new Administrator.  
Audrey Dailey said, they did not notify everyone in the complex.   They just voted the Taunton people in, they didn’t consider Bernie.  
Mrs. Smith replied, I’m confused Audrey.   Why would the people in the complex be going out looking for a Director?  
Audrey replied, the Board wanted people from the complex for the selection committee.  
Mrs. Smith asked, were you on the committee Audrey?  
Mr. Pacheco asked do you know who was?  
Audrey replied, Judy, Donna, and I don’t know who the other two people from the white buildings are.  
Audrey said when they review you once a year, what is considered income and what is considered a benefit.  She collects an additional $44.00 for widow’s benefits and her rent subsequently went up $40.00 and she doesn’t think it’s fair.  
Mrs. Smith said, I can understand that because it’s still income to you, any money you get is still considered income and your assessments comes out of it.  That is what your rent is based on.  
Noreen Mussori was present and both she and her husband live in the Housing for the Elderly and she just doesn’t want to see it ruined.  She really wants to see Bernie get this job.  
Heidi Correiro was present and she is not impressed by the people who represent the THA.   They were breaking the rules that tenants have to obey.   Also, Bernie has held that job for eleven years, and she has been doing the job of two people since Karen left in May.  She is going to school to get certified and is always there to help.  
Paul Maouli was present who is a resident of the Housing for the Elderly and spoke on the issue of his rent going up, he thinks it was a mistake and he feels that he is owed a refund.  
Mrs. Smith said I am very disturbed by hearing all of this because I have attended some of their meetings and the last time I went there it was the time that Karen was leaving.  And at that time the Board was hiring an attorney to put them through the correct paces to interview and hire a new Director, and I was under the assumption that you already had a new Director.  The laws have changed regarding the hiring over there.  I’m not familiar with it and would have to investigate it on my own.   I would go over there and find out what’s going on, but I’m with you I don’t like the idea of anyone, Taunton or Middleboro coming over here and managing our facility.  It’s personal for me, I have served on that Board for over 10 years.  
Mr. Pacheco said thank you all for coming.  I had a long conversation with Joanne Stanley and would like to highlight a few things.  There are things that this Board can and cannot do.  And I’d like to be clear on those things.  This Board cannot remove a Commissioner from Office, whether it be the Chairmanship or Commissionership, those are elected positions.  And, as Mrs. Smith stated, we have no official or unofficial jurisdiction over the Housing Authority elected Board.  They are completely autonomous meaning they don’t answer to us, report to us and they don’t have to follow any issues or directives that we might present to them.  So I just want to put that out there so everyone is on the same page.  With that being said, we can and we will continue our communication with them to see what’s going on.  So when I spoke to Ms. Stanley, she provided some documentation from the State which is a result of the laws changing 2 years ago.  Housing Authorities under certain sizes are limited as to what they can hire for an Executive Director in terms of the hours per week and the size of what Raynham was, was limited to 22 hours a week for an Executive Director they could no longer hire a full time Director like Ms. Riley was and Debby prior to that.  So, my understanding from talking to Joanne was, part of the problem is getting a qualified candidate for 22 hours a week.   And what I mean by qualified is, State laws that govern what the candidate must have for background and criteria and one of you alluded to the certification.  If you don’t have those, you cannot be a Director.  I worked in housing for 6 years but I didn’t have all the qualifications that Massachusetts General Laws now require for an incumbent candidate for an Executive Director for a Housing Authority to have.  So the fact that it was reduced from full time to 22 hours a week and the fact that the criteria for a Director changed limited the abilities of the Housing Board to bring in a new person and my understanding is that that’s when they started to explore the management agreements.  I cannot speak for Middleboro, but I know the Taunton Housing Authority and the Executive Director is a Raynham resident.  I know her, I like her she is a very good, competent and capable person and whether or not anything can change, I don’t know, but if we are going to be paired up with somebody, I’d put my money in Colleen’s basket.  This Board can’t tell the Housing Authority to hire somebody and the Board can’t hire somebody that cannot meet the specific criteria that MGL outlines so that might have precluded certain candidates that you’ve mentioned from being hired.  Other issues that you talked about, such as the rent that you are required to pay is based on a formula and is based on your yearly income tax returns, or if you don’t file a tax return you have to fill out an income self-certification form stating that you make (x) amount of dollars.  Your tax return is supposed to dictate how much in rent you should pay.  If your income goes up, benefits go towards your income, as do alimony and child support, then your rent could go up.  Benefits, earned and unearned income do contribute to your overall income and that could be why your rent went up.  To you sir, if your rent was done incorrectly, my conclusion is that you should be eligible for a refund.  But we aren’t the entity who can do that for you, I would suggest that you consult with either DHCD or write a letter to the Housing Commissioner stating what you said to us, requesting a refund.  Because, if it was miscalculated, you should be entitled to 100% refund.  But we can’t change the criteria for rent or the formula used, that’s governed by federal law.  Regarding the air conditioner, that shouldn’t have happened I apologize for that and nobody should be treated with disrespect.  I appreciate you telling us that and I hope that you tell the Housing Commissioners because they too should hear about that.  If the Board decided to move forward with Taunton Housing then they should be held to the same standard as well, there should be no exception because they are on a contract management basis.  I would say keep the lines of communication open with us, but your best resource is the Housing Commissioners they are elected on the ballot every year.  And if you are unsatisfied with them then you can run yourselves and get more involved in your community.  
Audrey said there were no notices sent out.  
Mr. Pacheco replied unfortunately that’s how it works.  The Housing Authority requested a waiver exempting them from that new law and the State recently, within the last 30 days, denied that.  Mrs. Stanley provided me a copy of that documentation that showed that she requested a waiver so that they could hire a new Director.   
June Silva said Bernie accepted the 22 hours she had no problem with that and she only has 3 more classes left so she can do that job can’t they wait till she finishes?  
Mr. Pacheco replied it is my interpretation that it is very specific.  Recently, we recently hired a Veteran’s Agent who was a Veteran who was honorably discharged we couldn’t hire somebody who was about to be honorably discharged.  Sometimes, the way State and Federal laws are written are plain and to the point and are explicit and implicit meaning there’s no deviation.   A Federal law supersedes a State law and a State law supersedes a local law.  So we can’t do anything that directly or indirectly contradicts a State or Federal law.  Also, in terms of management and operation, whichever Housing Authority is retained it would cover both properties.  
Adjournment  

7: 40 p.m. Mr. Pacheco motioned and Mrs. Smith seconded to adjourn for the performance of administrative duties, signing of Bills and Warrants and with an Executive Session to follow with no business to be conducted afterwards.  Mrs. Donahue made it unanimous.  


Respectively submitted,

Janet Murphy
Recording Secretary


 
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