Selectmens Meeting Minutes
Board of Selectmen January 22, 2019
Chairman Marie Smith called the open meeting to order at 7:00 p.m. in the meeting room at Veterans’ 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
Ms. Riley made a motion to accept the minutes of the January 15th meeting as printed. Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Department Heads
Mr. Bob Iafrate, Building Commissioner, was present to discuss the Rt. 138 Overlay District; however, he first wanted to discuss the request for qualifications for the Owner’s Project Manager for the construction of the addition for the Fire Station. He stated that of the 8 responses, they’ve narrowed it down to the 3 top candidates. He would like to submit all three for consideration and get the approval to negotiate with candidate #1 – Pomroy Associates from East Bridgewater. He said, “The next step will be to negotiate a price with that company to take us through the feasibility study and do the architectural design and then to the bidding process.” Ms. Riley made a motion to approve for discussion and Mr. Pacheco seconded. Ms. Riley asked why the #1 choice was this particular company. Mr. Iafrate explained that their prior projects seem to be a good fit and if they can’t come to an agreement with them, they will move on to the #2 candidate. Ms. Riley made a motion to approve, Mr. Pacheco seconded, and Mrs. Smith made it unanimous. Mr. Iafrate also wanted to discuss the Rt. 138 Overlay District. He stated that 2 public forums were held by the Rt. 138 Study Committee and then the proposal went back to the committee for re-consideration with a couple of new members. He further stated that they made adjustments based on the feedback offered at the public forums. Basically, the feedback was to come up with more uses that would not be allowed in the Residential D part of the Overlay District proposal. He stated, “We cleaned up a few things as far as language and more prohibited uses and what I’d like to do tonight is to answer any questions that the Board may have. The next opportunity for a public forum will be scheduled by the Planning Board, if it’s going to be sponsored by the Board at the next Town Meeting. I’m not here to have an open public discussion. I think that’s more appropriate when the committee is here. The Planning Board will hold its next scheduled meeting on February 7th and they will schedule a public forum some time between February 7th and the early part of March.” Mrs. Smith said, “So what you are requesting now is that we endorse the article as it stands at the present time to be forwarded to the Planning Board for a public hearing.” Mr. Pacheco said, “Just for clarification, warrant articles come to us on a regular basis and it’s this Board’s duty to place warrant articles for Town Meeting at least twice a year. What you see happening tonight is the potential for it to be included on the May Town Meeting Warrant, at which time all registered voters of Raynham are able to attend as they’ve done in the past and voice their opinions and also offer any type of amendment, changes, additions or deletions to the article. In no way, shape or form, does this Board tonight constitute the approval of a zoning change on Rt. 138 in Raynham. I just want to make sure that’s abundantly clear. We’re not approving a zoning change. We’re potentially approving an article to go on the warrant for Town Meeting, which is a legislative branch of government for all residents of Raynham to attend in May and act upon the proposed articles.” Mr. Iafrate said, “I would like to see if you would sponsor the article, so we can move it forward to the Planning Board.” Ms. Riley said, “This is just the next step in the process to go to the Planning Board for a public hearing and then go forward to Town Meeting where everyone has the opportunity to vote either yea or nay on that. “ Ms. Riley made a motion to go forward with the Article as proposed, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Mr. John Teixeira, who resides at 122 First Street, asked if he could speak. Mrs. Smith said, “We already have had a discussion on this, and we have decided to forward it to the Planning Board for its public hearing.”
Mr. Teixeira said, “Typically after a motion is made and seconded, the item is open for discussion before a vote is taken.” Mrs. Smith said, “This is not a public hearing. This is just a presentation of an article. Remember, Mr. Iafrate said there will be a public hearing on this. There have already been committee meetings regarding this article and therefore the public hearing from the Planning Board would cover any and all questions.”
Mr. Teixeira said, “I’m part of the Planning Board, so I’ll be part of conducting that hearing, however he’s asked you folks to approve this and move it forward.”
Mrs. Smith said, “All he’s asked us to do is to move it forward to the next step.”
Mr. Teixeira said, “You do have the option to say no.”
Mrs. Smith said, “That is our option but why would we do something like that for any article?”
Mr. Teixeira said, “Maybe you would hear something that would tell you it’s not the right thing to do. Why would this be any different - because it’s a sensitive subject? “
Mrs. Smith said, “It’s not, as far as I’m concerned.”
Mr. Teixeira said, “I have some visual aids to share with you.”
Mrs. Smith said, “That should be done at the public hearing.”
Mr. Pacheco said, “I have no objections. It’s always been my opinion that you don’t block an article from going to Town Meeting and giving the legislative branch the opportunity to vote on it because this is a democracy.” Ms. Riley said, “I have no objection to allowing Mr. Teixeira to speak, just as we did a few weeks ago when we allowed the representatives from NOAH to speak, but the entire Town needs the opportunity to vote on it, so it should go to Town Meeting.”
Mr. Teixeira said, “I would like to make a few comments. It is still my belief that the driving force behind this is local contractors and out of town developers.” Referring to a series of photos of properties on Rte. 138, he asked, “What effect would the zoning change be on these properties?”
Mr. Iafrate said, “The zoning changes are going to give property owners more choices, such as mixed use which means more than one use on the property such as residential and commercial use on the same piece of property. Most towns are adopting these types of overlay districts that allow property owners more opportunity to develop their property.”
Mr. Teixeira said, “The article states that one of its purposes is to provide employment opportunities to residents close to home. There are numerous employment opportunities in our Town already. It proposes to do this by having multi-use structures containing commercial on the ground floor and residential on the second floor. The proponents of the article have shown us clean, neat complexes.” He then showed the Board several photos of buildings on Rt. 138 in Taunton where it’s commercial on the bottom and residential on the top. He said the second-floor apartments all look vacant. He stated, “I ask that the Selectmen think twice about whether or not this goes on the warrant. Rt. 138 doesn’t need rezoning, it needs cleaning up.”
Mr. Iafrate said, “The properties on Rt. 138 aren’t going to use the second floor for anything commercial so you might see these renovated in the future. As far as the other pictures that John showed in Taunton, we don’t have a lot of old stock buildings in Raynham. What you’re going to have is new construction with design plans. So, in order to get this on the warrant, someone has to sponsor it and it makes most sense for the Selectmen to sponsor it and send it to the Planning Board from here. I’m asking you to sponsor this as an article on the warrant and the Planning Board will have an open public meeting and everyone can bring their concerns to the public meeting and be addressed at the Planning Board level.” Ms. Riley thanked Mr. Iafrate and stated, “I repeat my motion to go forward with the process so it goes forward to the Planning Board and the hearing can be held and the appropriate action can follow.”
Laraine Nickerson of Raynham stated, “I served on the Rt. 138 Committee and there are a lot of things I’m not happy with, but, just a week ago, Jeff Kelleher stood here and said that it wouldn’t make sense for the North School to become apartments and when did Raynham become a landlord and what would benefit Raynham by having numerous apartments on top of businesses on Rt. 138? You would have no idea how many apartments would be built on Rt. 138.” She also asked that the Planning Board hearing be held soon, rather than waiting for “the eleventh hour”.
Mrs. Smith said, “We’re just endorsing this to go to the next step. We are not saying everybody go out and vote for this article. This is a process in order to get to the warrant. A motion has been made to move it forward and seconded and I am in favor of sending this to the Planning Board for their hearing and insertion in the warrant to be heard at the Town Meeting. It’s up to you to go to the Planning Board and express your comments there.”
Micaila Britto, Veterans’ Agent, was present to give her monthly report. She wanted to thank everyone who either helped out or donated food for the veterans during the holiday season. She is also in the process of helping a veteran who needs to have an underground oil tank removed. Her upcoming activities will be the Massachusetts Veterans Services Legislative Luncheon at the State House on January 30th, where she will meet with fellow VSO’s and legislators. She will be meeting with Sen. Pacheco regarding upcoming legislation and its impact on Bristol and Plymouth Counties. She will attend a training session for the Mass. Veterans Services Officers organization on Feb. 10th – 15th in Leominster and the Mass. Women Veterans Annual Conference on June 15th in Springfield.
Appointments
The Board discussed Marsha Silvia’s appointment to the Government Study Committee and Ms. Riley made a motion to appoint her as an ex-Officio member. Mr. Pacheco seconded and Mrs. Smith made it unanimous.
Completion of Old Business
The Board discussed the recommendation by Executive Secretary Deborah Dooney to increase the hearing fee from $100.00 to $125.00, effective February 1, 2019, in keeping with the increased cost of placing a legal notice in the newspaper Ms. Riley made a motion to approve the increase, Mr. Pacheco seconded, and Mrs. Smith made it unanimous.
Town Administrator’s Report
Mr. Flaherty reviewed the Town Administrator’s Report.
Regarding the request for qualifications for the Owner’s Project Manager for the Raynham Fire Station construction project, Mr. Flaherty stated that the finalists will be notified tomorrow and if interviews are required, they will be next Tuesday.
The South School HVAC is being repaired and the basement will be evaluated by the Building Inspector and Mr. Flaherty when the repairs are complete. He is waiting to hear back from the serviceman.
The North School chimney cap will be done on January 29th.
Over the weekend, there was a water problem at Town Hall due to the storm. Some water came into the downstairs copy machine room and the Conservation Office. Luckily, Jason, the Custodian, was on the property treating the sidewalks and he cleaned it up before it became a serious issue. Many thanks to Jason and Marsha Silvia’s husband who helped.
Mr. Flaherty offered special thanks to Mr. Ed Buckley, Highway Superintendent, and his crew for keeping the roads clear and safe in a very timely manner.
Mr. Alegi, chairman of the Finance Committee, has notified Mr. Flaherty that budgets for fiscal year 2020 are due. The deadline is February 11th.
The Raynham Historical Commission may have found two new members. Mr. Flaherty will know soon. The Council on Aging needs two Associate Members, the Raynham Food Basket needs a Director and the Cable Committee also needs a new member.
The next Selectmen’s Meeting will be January 29th at 7:00 p.m.
The next SRSG Meeting will be held on February 12th at 9:30 a.m. in Mansfield.
The next SMHG Meeting will be held on January 30th at 9:00 a.m. in Seekonk.
The next Department Head meeting will be February 21st at 9:30 a.m.
Selectmen’s Report
Mr. Pacheco discussed the water problem that occurred over the weekend at Town Hall. He wanted to thank Jason for all of his hard work and Mr. Silvia as well. He also noted that, when it came to snow and ice removal, the roads in Raynham were by far the best in the area.
Ms. Riley said the Government Study Committee is now complete with the addition of Mrs. Silvia, and the Committee will hold its first meeting next Tuesday, and she will have a full report on the Town Surveys.
She also reported that a notice was received from MassDOT regarding a full closure of Rt. 44 east and westbound where the bridge is located over Rt. 24. The closures will be overnight from Friday, January 25, through Sunday, January 27, from 10:00 p.m. each night until 5:00 the following Morning. The overnight closures are necessary to demolish a portion of the Rt. 44 bridge over Rt. 24. Rt. 24 north and southbound will also be closed under the bridge to protect the traveling public.
Ms. Riley recently attended the graduation ceremony for the Excel program offered through the Bridgewater Raynham School District and she is very pleased to serve on their Board, along with, among others, School Committee Chairman Susan Prewandowski and Raynham School Resource Office Lou Pacheco. She stated that William Barber was applauded for his efforts serving as the Excel director from 2000 through 2018. During that time, 700 young men and women received that important second chance to participate and earn their high school diplomas. Dean Guasconi is the new director of the program.
Correspondence was received from Renewable Properties seeking to purchase property. Mr. Flaherty will look into the By-Laws regarding their request.
Correspondence was received from Moriarty, Troyer & Malloy, LLC, requesting rezoning on Richard Street in Raynham for a Cumberland Farms Store. Ms. Riley made a motion to forward it to the Planning Board, Mr. Pacheco seconded, and Mrs. Smith made it unanimous
Citizen & Community Input
Mr. Jared Disbrow of 970 North Main Street was present to ask for clarification on what Mr. Iafrate said earlier in the meeting with regard to the Request for Qualifications for the Owner’s Project Manager for the construction project for the Fire Department. Mrs. Smith read the letter from Mr. Iafrate aloud and explained that they selected the first company as the best qualified and if they can’t come to an agreement with them, they will then go to the next one and so on. Mr. Flaherty explained, “The way it works with procurement through the Commonwealth of Mass. is we get the qualifications in, and we can have 3 choices based on who’s most qualified. We’ll try to negotiate a price with the one considered most qualified. If we don’t like the price negotiated, then we go to the second and so on. If it doesn’t work out with any, we’ll go back out to bid. That’s the way an RFQ works.” Mr. Disbrow said, “I have never once in my life worked on a job that accepted bids from one contractor.” Mr. Pacheco offered some clarification, stating that “This is not construction, this is just the planning and architectural design. There’s a different process and a different time line for the construction.” Mrs. Smith said, “When it comes time for the construction, the project goes out to bid.” Mr. Flaherty said, “The company that we negotiate with will serve as Clerk of the Works for the project”. Mr. Pacheco added that “They will oversee the work, but the construction is completely separate and requires us going through all State laws including prevailing wage.”
Adjournment
At 7:50 p.m., Ms. Riley motioned and Mr. Pacheco seconded to adjourn for the performance of administrative duties, signing of Bills and Warrants with no business to be conducted afterwards.
Respectfully submitted,
Janet Murphy
Recording Secretary