Selectmens Meeting Minutes

Board of Selectmen                                                                                            January 15, 2019

Chairman Marie Smith called the open meeting to order at 7:00 p.m. in the meeting room at Veteran’s Memorial Town Hall, 558 South Main Street, with Chairman Marie Smith and Selectmen Joseph Pacheco and Patricia Riley in attendance.                                                                                                                                            

Chairman Smith led the Board in the Pledge of Allegiance and reminded everyone that the meeting is being recorded live by RayCAM. 

Acceptance of the Minutes

Mr. Pacheco made a motion to accept the minutes of the December 18^th, 26^th and January 8^th meetings as printed.  Ms. Riley seconded, and Mrs. Smith abstained as she was not present. 

Department Heads

Mr. Matt Tanis, Health Agent, was present to give his monthly report.  Yearly permitting is complete with one exception of a septage hauler, who was notified today they are still outstanding and will be charged double for the late fee.  The open inspector position has been posted and he is updating the department’s website.  He will be doing a walkthrough of the Town’s emergency dispensing facility – a yearly requirement now and the Board is welcome to attend.  After seven weeks, there have been many more calls regarding the odor from Earth Source and he has been in communication with the DEP representative, who has done two site inspections. The DEP has issued a Notice of Noncompliance to Earth Source regarding the storage and mixing of sludge material.  Their permit is coming up for renewal and they have been given a 90-day window to address concerns. Mrs. Smith asked, “Do we have any say in their renewal permits?”  Mr. Tanis replied that a lot of the Town’s concerns are DEP’s concerns as well. As part of the reapplying process, Earth Source has to notify the Town and the Town is given the opportunity to address any concerns with the DEP regarding their new application.  The DEP will have to contact the Town directly and they haven’t heard of any renewal yet.  Mr. Tanis reminded citizens that complaints can be directed directly to DEP at 508-946-2750. On another matter, Ms. Riley thanked Mr. Tanis for the full page of helpful hints for seniors that he provided for the Council On Aging’s monthly newsletter.  

New Business

Ms. Riley updated the Board on the Government Study Committee and said the survey results are in and there was a very good response.  The online survey resulted in 346 responses and the paper surveys generated 67 responses.  She thanked Becky Mello for her help tabulating the information.  The most responses were for the additional staffing for the Police and Fire, the need for improved roads and sidewalks, overdevelopment and maintaining a sense of community. Mr. Pacheco thanked Ms. Riley and Mrs. Mello for their efforts and asked if Town Clerk Marsha Silvia was going to be appointed to the Government Study Committee as she requested.  Ms. Riley said that yes, she could be an ex-officio member and requested her appointment be put on the Agenda for a vote at next week’s meeting. 

In other business, Mr. Pacheco made a motion to accept the bid submitted by Raymond James in reference to $5,840,000 for Sewer Bonds dated January 24, 2019 and maturing on January 15, 2039, which resulted in a 2.98% NIC and a premium of $381,524.52. The entire language of the vote will be recorded in the minutes. Ms. Riley seconded and Mrs. Smith made it unanimous.  Mr. Pacheco made another motion to accept the bid submitted by T. D. Securities LLC and additional votes provided in reference to the $2,200,000 3.50 percent General Obligation Bond Anticipation Notes of the Town dated January 24, 2019 and payable January 24, 2020 at par and accrued interest plus a premium of $32,120. The entire language of the vote will be recorded in the minutes. Ms. Riley seconded, and Mrs. Smith made it unanimous. 

               Voted:  that the sale of the $5,840,000 General Obligation Sewer Bonds of the Town dated January 24, 2019 (the “Bonds”) to Raymond James & Associates, Inc. at the price of $6,221,524.52 and accrued interest is hereby approved and confirmed.  The Bonds shall be payable on January 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:

Further Voted:  to approve the sale of a $2,200,000 3.50 percent General Obligation Bond Anticipation Notes of the Town dated January 24, 2019 and payable January 24, 2020 (the “Notes”) to TD Securities LLC at par and accrued interest plus a premium of $32,120.

               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 January 3, 2019, and a final Official Statement dated January 10, 2019 (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 in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 3, 2019, and a final Official Statement dated January 10, 2019, 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 hereby are, authorized to execute and deliver continuing and Significant events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Notes, as applicable, for the benefit of the holders of the Bonds and Notes from time to time.

Further Voted:  that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures in such form as the Town 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 and Notes.

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.

In other business, the Board discussed the Non-Profit Tag Day requests. Due to the fact that there was such a long list, Mr. Pacheco made a motion to accept the slate as printed, Ms. Riley seconded, and Mrs. Smith made it unanimous. 

A request for a refund for fees paid for permits issued by the Board of Health was received from Richard Ferreira of Smitty’s Filling Station because he has decided not to go forward with his plans for a restaurant.  Mr. Pacheco said. “We’ve done this only a few times, but based upon that, I don’t have an objection to giving him a refund and I would make a motion to do so.” Ms. Riley seconded and Mrs. Smith made it unanimous. 

Correspondence was received from Michael King, Treasurer/Collector, requesting Atty. Cote be authorized to do a title search on a parcel of land on Leonard Street, which is an undersized lot.  Mr. King noted that “If Atty. Cote does not find anything in his title search that would preclude a sale, I will request that the Board of Selectmen declare the land as surplus and authorize the locus for public auction.”   

Correspondence was received from Park & Recreation Director Tim McRae reporting that the Commission unanimously voted on January 8^th to approve the field permit for the Order for the Preservation of Indian Culture for an event to be held on June 22^nd and 23^rd at Borden Colony.  Mr. Pacheco made a motion to approve, Ms. Riley seconded, and Mrs. Smith made it unanimous. 

Correspondence was received from Mr. Ed Buckley, Highway Superintendent, who has requested the Board vote to allow the Highway Department to spend in excess of the $50,000 snow and ice budget.   Mr. Pacheco made a motion to approve, Ms. Riley seconded, and Mrs. Smith made it unanimous. 

Correspondence was received from the Comm. of Mass. Department of Telecommunications and Cable regarding the Town’s cable television license with Comcast Cable Communications, Inc. which expires on July 6, 2019.   The Department Secretary is requesting a written status report be submitted by January 21, 2019. Mr. Pacheco made a motion to refer the request to Attorney August. Ms. Riley seconded and Mrs. Smith made it unanimous. Mrs. Smith asked that the letter also be forwarded to Kevin Ellis. 

An Application for Change in Management was received from Apple New England.  Mrs. Smith recommended a hearing date be set for January 29, 2019.  Mr. Pacheco made a motion to accept, Ms. Riley seconded, and Mrs. Smith made it unanimous. 

Correspondence was received from Deborah Dooney, Executive Assistant, who is requesting an increase in the cost of a Hearing Fee, which is currently $100 and has not been increased since 2007.  She recommended that the fee be increased to $125.00 effective February 1, 2019.  Mr. Pacheco made a motion to put it on the Agenda for next week, Ms. Riley seconded, and Mrs. Smith made it unanimous. 

Correspondence was received regarding the MMA’s Annual Business Meeting, which  is scheduled for Saturday, January 19^th, in the ballroom at the Hynes Convention Center in Boston.

 Mr. Jeff Kelleher, 684 South Main Street and chairman of the North School Committee, was present and introduced the members of the committee. He then presented a history of the North School and a status report on the building. He also detailed all the accomplishments that the Committee has achieved during its four years of work. The school was built in 1925 and served as one of the three small schools in Raynham for many years. After its service in that capacity, it later became the site of North Brook Academy for 8 years before it was eventually closed, leaving the building vacant for 4 years.  The Board of Selectmen appointed the members of the committee and tasked them to repurpose the building and they leaned towards its preservation.  They sought the opinions of Bob Iafrate and Joe Bettencourt on the status of the building and both agreed it was in need of rehab but was structurally sound and had great potential.  There were many ideas that were entertained for the building, but ultimately, they thought that storage was the best idea. It went to Town Meeting and an article to raise the funds needed for the rehab of the building passed.   Over the next three years, the following accomplishments were made:  roof repairs, gutter repairs, the atrium window was repaired, a new propane fired heating system was installed, new doors, handicap accessible bathroom, and new water heater, replacement of first floor windows, addition of security cameras, an increased police presence, painting, new shelving, low temp warning controls, commercial grade cleaning, repointing of steps, and a new chimney cap will be installed at the end of the month.  Mr. Kelleher noted that King Information Systems was hired to do the data storage and archive preservation.  He thanked everyone involved on the committee and everyone else who helped as well.  He added that a dedication of a classroom in honor of the late Kathleen Roberts would be a nice addition.   He said many people and organizations wanted to use space in the North School and were all told that the Committee’s priority was addressing the space needs of the Town departments and the Board of Selectmen maintains control over the building.  He stated that NOAH was put into the building by the Board of Selectmen and the Committee was disappointed because they then lost 50% of the space they were working with.  He acknowledged the needs of NOAH, and noted that Linda Brackett and Adam Perry were added to the committee. Carol Sullivan of Warren Street, who also served on the North School Committee, was present and wanted to thank Mr. Kelleher for all his hard work chairing the committee. The Board thanked the committee for all their hard work.  Ms. Riley asked what the committee’s vision was for the building and Mr. Kelleher replied that their vision was to have, in addition to the shelving for the files, possibly a conference table with chairs and possibly a copy machine down the road.  Ms. Riley also asked if that bottom floor could be isolated so the top floor could be used as a Town Hall Annex, for additional office space or meeting space. Mr. Kelleher replied, “Yes it can.” Ms. Riley asked if there was direct access to the piece of Town-owned property on Route 138 mentioned as a possible location for a secondary Fire Station.  Mr. Kelleher replied, “That’s a different piece of property.” Mrs. Smith wanted to thank the North School Committee and read a statement about all of the great things we have in Raynham, the school system, loyal employees, wonderful public safety staff, a good tax rate, a safe place for children to play sports, and a town where most residents have public sewer.  She praised the North School Committee and all that they have done to preserve the building.  And she continued, “Someone asked me if I would allow cats to be in the building?  I was then told that it was voted on at a Selectmen’s Meeting. I asked when, and I was told that it was when you were not there.  I checked the minutes of all of the meetings and no such meeting ever happened.  We have 16,000 people in the Town of Raynham and here we sit discussing cats. I think there are more things that need to be addressed of importance. We have odors coming from the Dog Track with no control from Raynham.  We have no thoughts of an overnight holding dog pound. We have no facility for the safety of our 16,000 residents on either the Rt. 44 or Rt. 138 corridor.  And you worry about a personal business of an individual who has you convinced that it’s the Town’s responsibility to find her a home to enable her to continue her service.  A long time ago, a former selectman told me the biggest problem I will ever face will be animals.  I have no doubt this will be resolved.  I thank the North School Committee for time spent preserving another building for our children.  The Borden Colony Administration building is gone. No one will ever remember what an asset that was.  South Street School would have been gone, but for the help of RayCam who has restored that building, which is now a show place.  We would not be sitting here at Town Hall if not for a few dedicated people. And so many people have made Raynham the wonderful community that it is.” Mrs. Smith asked if the report from the North School Committee could be given to the Town Clerk for insertion in the Town Report.   Mrs. Smith discussed naming a room for Kathleen Roberts.  Mr. Pacheco made a motion to approve the request, Ms. Riley seconded, and Mrs. Smith made it unanimous.  Mrs. Smith added, “With that, the North School Committee is done.” 

Town Administrator’s Report

Mr. Flaherty reviewed the Town Administrator’s Report. 

The RFQ for the OPM – He has received many inquiries and two submissions for the Fire Station addition already.  The complete descriptions are available, and responses are due by January 16^th at 3:00 p.m.

The South School HVAC is being repaired and the basement is being evaluated by the Building Inspector and Mr. Flaherty.  He will be in touch with the insurance company for an updated claim. 

The North School chimney cap will be done by the end of the month. 

The Raynham Historical Commission may have two more members. He will know by the end of the week.

The Council on Aging needs two Associate Members, the Raynham Food Basket needs a Director and the Cable Committee needs a new member. The next Selectmen’s Meeting with be January 22^nd at 7:00 p.m.

The next SRSG Meeting will be held on February 12^th at 3:00 p.m. in Mansfield. 

The next SMHG Meeting will be held on January 30^th at 9:00 a.m. in Seekonk.

Selectmen’s Report

Mr. Pacheco said that the Raynham Flea Market is celebrating its 45^th year in business and he made a motion to send a letter of congratulations to Jeff & Christine for their nation-wide attraction. Ms. Riley seconded and Mrs. Smith made it unanimous. 

Mr. Pacheco received some calls recently from senior residents about GATRA raising its fees by 50% beginning in February and the vast majority of those who ride are seniors.  Mr. Pacheco made a motion to send a letter to GATRA to reconsider the rate hike or at least space it out over time. Ms. Riley seconded and Mrs. Smith made it unanimous.  Mrs. Smith also added that she would like to have a representative come to a meeting to discuss this. 

Ms. Riley said that the Town has lost one of Raynham’s favorite citizens. Ronald “Bucky” Glavin passed away recently and he did so much for the Town.  The 1999 Town Report was dedicated in honor of him and she read an excerpt from the report.  Mrs. Smith said how much his wife, Evelyn, did for the Town as well. 

Citizen & Community Input

Linda Brackett, 26 Hidden Valley Drive, was present and said, on Dec. 30^th, she and Animal Control Officer Adam Perry went out on an animal cruelty call. The kitten’s eyes had ruptured and they were in extreme pain.  She had all of the medications to begin taking care of them at her house.  She stated that had she taken them to the hospital, it would have cost over $1,000 and she only has a budget of $4,500 for expenses. 

Karen Donahue, 198 Elm Street East, was present and said she had a kitten that was rescued and she took in six months ago. She brought the kitten up to the podium to show how well she had recovered and was now completely healthy. 

Mrs. Smith said, “There is no question in anybody’s mind that NOAH does a good job.  Doing this doesn’t enhance anymore what you have already said.  We acknowledge that fact, and we have no issue with NOAH and her continuing to do her job.  It never was an issue with NOAH. The issue was we had a job to do at a school and we were doing our job. NOAH was never in that picture.  The North School Committee is done.” 

Jessie Morgan of 172 Dean Street in Taunton was present and stated, “I don’t understand from the Town’s perspective. If a cat is injured, what is the Town providing, that is not supplemented by NOAH, to take care of these animals because it is a Town issue? And where are they supposed to be housed and cared for because it is a function of the Town?” 

Mrs. Smith said, “No, we have an Animal Control Office and it doesn’t include cats. It never did. It just includes dogs.” 

Riley Morgan of 172 Dean Street in Taunton stated that, “It is written in your By-Laws that it includes cats.  It states the protocol in the Town By-Laws regarding what Animal Control’s responsibilities are in terms of bringing a cat to the animal hospital.  It is in your verbage, and in your By-Laws. It’s dogs and cats.” 

Mrs. Smith stated that it must have been amended because she did not recall it including cats. 

Riley Morgan then stated, “Your Town is using NOAH as free services.  If NOAH was not around, I would like to know what the Town’s plan would be. 

Mrs. Smith said, “Why don’t you ask the ACO. He’s sitting there. Why don’t you ask him what he intends to do?”

Adam Perry, Animal Control Officer, said, “We don’t know.” 

Riley Morgan then stated, “It’s the Town’s responsibility to supply them with the necessary equipment to do their job at full capacity.  If they are evicted, then what is the Town prepared to offer them as a suitable space?” 

Mrs. Smith said, “There were two places offered to NOAH and NOAH said they were unacceptable.  Now we’re working with the Park & Rec Department to utilize a building that’s there.  We had an article on the Town Meeting warrant last year for funding to repair the building to suit the needs of the Animal Officer, but it did not get passed because of a technicality and that has been resolved. My suggestion is that Adam contact the Park & Rec Department and go forward with trying to utilize that building.  That could be used as a holding spot for animals that have to be kept overnight, the cat adoption program, and Adam can have his office over there.  So, don’t say that the Town has done nothing.”  

Riley Morgan asked, “So why haven’t they moved?” 

Mrs. Smith replied, “Because they don’t want to leave North School. That’s why.” 

Mr. Pacheco said, “If I could I would like to provide some clarification. You very well may know something I don’t know but I have a letter from the State that says that they wouldn’t consider some portions of Borden Colony as an acceptable use.  Have you gotten correspondence that the State has allowed it?” 

Mrs. Smith said, ‘The correspondence I have stated that that building is not in APR land.”

Mr. Pacheco said, “It’s in APR land. That’s the agriculture and recreation land. It’s not in agricultural land and if it was, it would not be a permissible use, but because it’s in the designated recreation land, they can’t comment on it. So we still have the deed that says it’s for agriculture or recreation or any other use that doesn’t prohibit the use of agriculture.” 

Mrs. Smith and “What is the cat adoption program going to prohibit?” 

Mr. Pacheco said, “I don’t know.” 

Mrs. Smith said, “This is why I’m suggesting it goes to the Park & Rec Department and follow through that way.” 

Mr. Pacheco said, “I don’t think we should move NOAH to that building when Town Counsel has gone on record saying they can’t go there.  And we have a letter from the Department of Agriculture saying that they can’t comment on whether they can go there. I don’t want to be the one taking the vote and risk loosing 167 acres of land.” 

Mrs. Smith said, “There is another line in that deed, and you can see it doesn’t need a special permit. Any building on that land can be used for any Town purpose.” 

Riley Morgan stated, “Without a back-up plan, if they get kicked out, you will have a lot of unhappy residents.” 

Mr. Dick Schiavo, 218 Hickory Drive, stated, “I want to say everything positive of the North School Committee, but a comment you made earlier really stuck with me. You said there are many more issues in the Town other than cats.  We’re talking about cats that are blind, injured and abused, and that cuts pretty deep with me.  To bring these cats back and nurture them, that is one of the greatest contributions that we can ask of our people.   But I’m here to speak for these animals and the animal rescue volunteers.  They do so much for so little and I’m also here to support the residents, many of whom have asked me why is there an effort to kick NOAH out of the old North School?  What is the objection to such a limited use of the old North School?  Why don’t the people who object to it help us find an alternative?  Given the fact that there are no records over there yet, can they stay there until another venue is found?  And I believe that finding an alternative venue is going to be challenging.   I believe that there are too many people who support our animal volunteer effort, who are animal advocates, and that they deserve the Town of Raynham’s support and help.  I hope, in the spirit of the new year, the Board will take a humanitarian and sympathetic view of this issue and allow NOAH to continue to use the North School. I will initiate a Citizens Petition as an article for the next town meeting requesting that at the old North School an amount of space be allowed for NOAH to operate for the benefit of Raynham.  I don’t believe that the original article that allowed for the North School ever said it was to be used exclusively and only for storage. I can’t believe there are any municipalities that have no shelter.” 

Riley Morgan said, “There are other municipalities that have no shelter but have holding facilities, but there are no other towns in the entire state that have a non-profit serving them for free.” 

Mr. Schiavo said, “I wouldn’t say that this is an enviable position, that every other town in the Commonwealth has more than we do.  So, what is the next step for the Board? “

Linda Brackett said, “Mrs. Smith, you said we were offered two locations?  The building on Borden Colony – we were told we could not go there – we did not refuse to go there and what was the second building?” 

Mrs. Smith said, ‘That was the Carney location at the Dog Track, and he wanted Town insurance.” 

Ms. Brackett responded, “But we were not offered that location, so I want to make that clear.” 

Mrs. Smith said, “You inspected the building. It’s where they used to have cat adoptions.”

Ms. Brackett replied, “I never went there. The only place I went to was the building on Borden Colony.”

Mrs. Smith said, “This is why I suggest that you go to the Park & Rec Department and work it out with them because I think it’s a possibility that you can, no matter what the letter stated. The letter does not say you cannot use that building.  This is bothersome to me and I’ll tell you why. No one ever said that we don’t like NOAH.  What we always said was the issue was where NOAH was, not what you were doing.” 

John Teixeira, 122 First Street, asked where NOAH held its cat adoptions before the North School. 

Ms. Brackett explained that, “Before we were in the North School, the Commonwealth of Mass. allowed rescues to do adoptions in pet shops, but the State changed the regulations. Now any rescues cannot do adoptions in any store that has pet related items sold there.”

Shannon Wharton, who volunteered for Linda years ago, stated that the Town is very lucky to have Ms. Brackett and her program. 

Adam Perry, Animal Control Officer, said he wanted to reaffirm the need for NOAH, stating that, “The Town has had NOAH as a resource for years and we seem to forget how lucky we are to have her.  I don’t know what I’d do without her. That’s half of our job - cats. We were told that more space is needed for records at North School and the Selectmen are responsible to find us a suitable place to house animal control and an adoption facility.  We were told exactly that the Selectmen were responsible. Therefore, we didn’t go searching for more spots.  I talked to Ed Buckley in the Highway Department and there’s no room.  We have no where else to go.  I just don’t know why the Town would put something that may need more space in the future ahead of an organization that needs the space now.  If you are going to evict us, just please come up with a plan.”

Ms. Riley said, “I don’t think there is anybody that questions the great job that NOAH does. Although it is a private organization, NOAH does provide a service to the Town.  I think as we discussed earlier there are numerous uses for the North School in the future, so NOAH being located there is not a long- term solution.  And not to look for something more long-term is doing a grave injustice to NOAH.  We need an animal shelter for both cats and dogs.  So, I don’t think the Board is voting to evict anyone at this point, but we need to actively look for another location.  Possibly, we need to ask Town Counsel to take another look at that deed. From what I understand, the Borden Colony land in question can be used for agricultural use, recreational or some other use that the Town deems appropriate. Maybe it will take a vote at Town Meeting and maybe, Mr. Schiavo, that could be your Citizen’s Petition. Maybe that building could be renovated for an Animal Control Office and used as an animal shelter, and NOAH could partner with Animal Control. Maybe the dog park could be located in that area as well and Animal Control could keep watch over the dog park to see that it is being properly maintained.  That would be a solution that would work in many ways.” 

Mr. Schiavo said, “If there is not going to be a decision to evict, then that gives us some time. Let’s see if we can get that deed changed.  What I’ve heard tonight that bothers me though is that the Town doesn’t have any responsibility or obligation to NOAH.  I think the Town has a lot of responsibility for our animal control effort. I think the Town has been incredibly negligent in its support of the animal rescue in this community.  And it’s for the benefit of the residents.  We should also increase the amount of their budget - $7,000 is insulting.   We owe them that. This is so critical. I keep hearing it’s their responsibility.  It’s not, it’s the Town’s responsibility.” 

Ms. Riley said, “What I said is that, technically speaking, the Town of Raynham doesn’t have an obligation to a private organization, but they do a great service for the Town and we do have an obligation for an animal shelter for our cats and our dogs.” 

Mr. Schiavo said, “It’s because we don’t have any formal program that is Town-sponsored.  We need the Town to look at this as a Town responsibility.” 

Ms. Riley said, “If we can find another location for an Animal Control Office and an animal shelter, then Animal Control could partner with NOAH.” 

Mr. Pacheco said, “I’m looking for a consensus from you (Mrs. Smith) and Ms. Riley. I think what I’m hearing is we’re ok with NOAH staying while we pursue the potential of the deed being changed for Borden Colony?”

Ms. Riley said, “Or another location.  It’s just important to recognize that North School is a ‘temporary’ location and not long term.” 

Mr. Pacheco made a motion “to give NOAH a couple months while we continue to do some research. These things don’t happen overnight.  You’re talking about special legislation but you’re also talking about changing a deed, and it could be a lengthy process and I think we need to make sure, for the best interests of Raynham, that we are doing everything transparent, and to the letter of the law.  We again have a letter from DAR saying that they don’t believe that it’s permissible, and also a letter from Town Counsel saying the same.  We need firm, clear and concise information from the Commonwealth that this is permissible use of the space.” Ms. Riley seconded the motion. Mrs. Smith said, “Temporary bothers me. I’d rather have a date somewhere.”  Ms. Riley said, “I think Mr. Pacheco said a couple of months.”  Mrs. Smith said, “May 1^st?”  

Mr. Pacheco said, “Our Town Meeting is not until the end of May. An article would have to be drafted and approved in the affirmative by Town Meeting Then our Representative and Senator would have to agree to file that legislation. The House and Senate would have to vote on it. Then the Governor would have to sign it and then we would have to get legal counsel to tell us if there are any other changes at the Registry of Deeds. So, May 1^st is just not viable.” 

Ms. Riley said, “I’m not sure if it would have to go though that entire process, where the deed says the land can be used for another use that the Town deems appropriate as long as it doesn’t interfere with the agricultural or recreational use. What if we compromise and bring it back to the table to reconsider on May 1st ?”

Mr. Pacheco said, “I will offer a counter proposal and do July 1^st.” 

Mr. Schiavo said, “There is no logical or valid reason to put a date on it.  The mentality is that it is short term until we find something else and we work assiduously to find it.” 

Ms. Brackett said, “The problem with having a date is that I would see an issue with taking pregnant animals with no place to place them.” 

Mr, Pacheco said, “If I stipulate to a date, like May 1^st, it would be to revisit the topic.  This would not be a date for eviction.  We have to evaluate our options, and it is potentially going to need legislative action so that is why I propose July 1^st.  That way, if in the unlikely event that you are wrong, you may very well be right, we can come back and have this conversation May 1^st.”  Mr. Pacheco made a motion to explore any and all options including the Gymkhana building and any actions that would be necessary to make that viable, and that, if there are no significant updates before then, it will be on the Board’s agenda for discussion at the meeting closest to July 1^st. Ms. Riley seconded and Mrs. Smith made it unanimous. 

Adjournment 

At 8:50 p.m., Mr. Pacheco motioned, and Ms. Riley seconded to adjourn for the performance of administrative duties, signing of Bills and Warrants with no business to be conducted afterwards.  Mrs. Smith made it unanimous.

Respectively submitted,

Janet Murphy

Recording Secretary