Selectmens Minutes 03/26/2019
Board of Selectmen March 26, 2019
Chairman Marie Smith called the meeting to order at 6:30 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.
Mr. Pacheco made a motion to enter into Executive Session in accordance with Massachusetts General Laws, Chapter 30A, Section 21, to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the bargaining position of the public body and to discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body. On a roll call vote, Chairman Smith and Selectmen Pacheco and Riley voted in the affirmative to enter into Executive Session.
Chairman Smith called the open meeting to order at 7:00 p.m. Present were Chairman Smith and Selectmen Pacheco and Riley. Mrs. Smith led the Board in the Pledge of Allegiance and reminded everyone that the meeting is being recorded live by RayCAM.
Mrs. Smith announced that the Board had just returned from Executive Session and Mr. Pacheco made a motion to confirm the action taken in Executive Session to approve amendments to the existing agreement with Green Tree Solar relative to their financing. Ms. Riley seconded and Mrs. Smith made it unanimous. Mr. Pacheco also stated that the agenda incorrectly stated that there would be a discussion of options for the entranceway to Town Hall in executive session because that would need to be an open meeting discussion.
Acceptance of the Minutes
Mr. Pacheco made a motion to accept the minutes of the March 19th meeting as printed, Ms. Riley seconded, and Mrs. Smith made it unanimous.
Department Heads & Committees
Police Chief Jim Donovan was present to give his monthly update. The department logged 1,194 incidents and booked 70, and 244 of those calls were reported by 911 for the month of March. Cell phone 911 calls now come directly into the Raynham Police Station as opposed to being routed from a regional area. The technology has improved to the point that it can now be determined whether the phone is on a highway and thereby is transferred to State Police or not on a highway and routed directly to the station. Chief Donovan submitted a letter requesting the appointment of Zach Andrade, who works part time as a dispatcher. Mr. Pacheco said that it could be put on the agenda for next week’s meeting. The Chief also reported that during the month of March, an unarmed robbery took place at Market Basket and the employees held the person until the Police arrived. The court case involving an incident that occurred two years ago when an individual shot at Police was resolved with the individual pleading guilty and being sentenced to 4 -6 years. Ms. Riley asked Chief Donovan if it would be helpful if there could be a sign-off form used whenever any requests are made for an alcoholic or entertainment license, even if it is only for a one-day license, and the Police would need to sign off on it before the Board would take any action on the request. Chief Donovan said he thought it would be a good move and that it would be helpful. Ms. Riley asked that it be included on the agenda for next week’s meeting for the Board’s consideration.
Mr. Matt Tanis, Health Agent, was present to give his monthly update. The Emergency Dispensing Site walk through was held today. He also reported that nuisance complaints are beginning to increase, stable permits have been sent out, and he has a couple of housing inspections where he is working with the owners to get into compliance. There has also been an increase in dog complaints in food service establishments. He explained that the food code only allows for service dogs per the ADA guidelines. The new Health Inspector will start in two weeks and Mr. Tanis will be working with her on the inspections. Earth Source has been in touch with the DEP regarding the order of non-compliance. The DEP has requested that Earth Source’s engineer respond to the letter that the Town sent, in regards to the permit renewal. The Rabies Clinic will be held on April 6th from 12:00 noon until 2:00 p.m. behind the Raynham Fire Station. Ms. Riley asked if he could update the Board on the progress of the South School situation. Mr. Tanis said he went out there and the room in question has been contained until such time remediation can be done.
Mr. Ed Buckley, Highway Superintendent, was present to update the Board on some new matters. The Joint Transportation Planning Committee has voted to advance the repaving of Rt. 138 project to the FY 2021 budget, but the area was reduced to include the area from King Philip Street to the highway overpass. Mr. Buckley also reported that Mr. John Farias retired after 18 years of service. Mr. Buckley is posting the position He also wanted to thank Mr. Farias and the staff for their hard work. The snow and ice budget is at $220,000 and the number is low because he has purposely not filled the existing area where salt is stored in anticipation of the new salt shed being built.
Public Hearing - For the Transfer of an All Alcohol License from Christopher’s Seafood & Steakhouse to Barrels & Boards, Mr. David Leghetto, Manager, 1285 Broadway.
Mr. Leghetto, Manager, was present and requested a two-week postponement because he did not realize that he had to send out the certified letters to abutters. Mr. Pacheco made a motion to approve the request for postponement until April 9th, Ms. Riley seconded, and Mrs. Smith made it unanimous.
Public Hearing – Residential Kitchen Permit and Operation Regulations
Mr. Matt Tanis stated, “This is the second part of what the Town needs for adopting the new food code and keeping things in line with what is most appropriate for safety. The regulations are spelled out, what’s allowed and what’s not allowed for what would be permitted in a residential kitchen. This streamlines it a little better.” Mr. Pacheco made a motion to approve, Ms. Riley seconded, and Mrs. Smith made it unanimous. The regulations will appear on the website tomorrow.
Appointments
An Application for Reappointment of Kevin Moreira as Inspector of Animals was received. . Mr. Pacheco made a motion to appoint, Ms. Riley seconded, and Mrs. Smith made it unanimous.
New Business
Mr. Robert Iafrate, Building Inspector and Zoning Enforcement Officer, was present to discuss the proposed new Building Permit Fee schedule. The permit fees have not been updated since 2009. He did a survey and analysis of permit fees of towns of similar size to determine the new fees. He noted that, accordingly, some of the existing fees were increased and some were not. Mr. Pacheco made a motion to approve with an effective date of July 1st, Ms. Riley seconded, and Mrs. Smith made it unanimous. Mr. Iafrate also discussed the proposed optional plans to improve the entranceway for Town Hall which could include an additional meeting room on the second floor above the entranceway. Mrs. Smith asked if there were cost estimates for each option. Mr. Iafrate will ask the architect for the prices. He also reported that the Planning Board is having a public hearing at 6:00 p.m. on Thursday, March 28th, regarding three rezoning articles that will go before Town Meeting. The articles include the Rt. 138 Overlay District, a zoning change for Church Street, and a zoning change for the two lots behind China Garden. He also spoke on an article to grant the Town authority to impose “municipal charges liens”, which would be liens on real property located within the Town for any building department fees that have been imposed and not paid. Mr. Pacheco said it sounded like a good idea.
On another matter, Ms. Riley stated that the Acting Town Administrator’s contract has a stipulation that if notice is not given by March 31st, it automatically renews for one year beginning on July 1st. She stated that in consideration of that and of the ongoing deliberations of the Government Study Committee, she wanted to offer a motion “to notify the Acting Town Administrator that we will not extend his one-year contract that would be effective July 1, 2019, and request his consideration of continuing in the position of Town Administrator into the next fiscal year without a contract on a ‘Serving at Will’ basis while the Government Study Committee’s deliberations are continuing since their recommendations may well impact the Executive Branch of Town Government and/or the Town Administrator’s position.” She further explained that the Government Study Committee may well consider such options as a 5- member Board of Selectmen, separating the Board of Selectmen and the Board of Health, a Town Manager form of government, or a change to the job description of the Town Administrator’s position to make it a stronger position with more authority. They are also considering the possibility of a Human Resources position or a whole host of things which could impact the Town Administrator’s position. She stated that “Once the committee makes its recommendation and the time line for that is for the Fall Town Meeting, we could have a little more understanding of which direction the Town is going in.” Mr. Pacheco said, “I’m not going to second that.” Mrs. Smith said, “I’ll second that for discussion.” Under discussion, Mr. Pacheco said, “I would echo the comments that I made 8 months ago about Mr. Flaherty and the work that he’s done for the Town and I fully recognize the Government Study Committee is exploring all options in terms of government function. I would be curious Ms. Riley which communities have positions such as Department Heads operating at will and without a contract.” Ms. Riley stated that Sandwich is one. Mr. Pacheco said, “I’m not aware of it. Do you know of any other towns?” Ms. Riley replied, “Not at this time, but I know it’s not an unusual practice.” Mr. Pacheco replied, “Well, good for Sandwich, but I believe we haven’t done anything like that before. What I would like to see happen is, and I will try to compromise with you Ms. Riley, I think we extend the contract for Mr. Flaherty at least through January 1st. If there are any changes that are happening, they won’t happen before Town Meeting and you would have to draw up a job description, assemble a committee by the Moderator, review, interview, select and negotiate, so I don’t know if it’s feasible to have all of that done before January 1st. I think the least we can do is to give Mr. Flaherty some level of consistency and commitment through that time, while recognizing your desire to keep some of our options open while the process goes through.” Mrs. Smith said, “January 1st, that’s 6 months working as Acting Town Administrator. Do you think by that time the Government Study Committee would have decided in what direction they want to go?” Ms. Riley said their plan is to have their recommendations by the Fall Town Meeting. She stated that, “In the spirit of compromise, I will withdraw my motion since that will still meet my concerns” regarding the Government Study Committee’s ongoing deliberations. Mr. Pacheco then made a motion to extend the contract 6 months or until January 1st, and Ms. Riley seconded. Mrs. Smith asked, “At that time, whatever the study committee comes up with, the position would be posted, is that your intention?” Mr. Pacheco replied, “My motion does not include that we automatically post the position.” Mrs. Smith said, “I’m asking a question. Is the motion to extend the contract until January 1st for the Acting Town Administrator’s position?” Ms. Riley replied that would fit in with the time line with the Government Study Committee making its recommendations at the Fall Town Meeting. Mr. Pacheco said, “That’s fine.” It was so voted unanimously.
Town Administrator’s Report
Mr. Flaherty reviewed the Town Administrator’s Report.
The basement at South School is being renovated by RMC Construction and should be done soon. All invoices and bills have been submitted to the insurance company for review.
The request for qualifications for Designers for the Fire Department addition project is moving along. An architect/designer/programmer for the feasibility study has been chosen and negotiations on the price are being worked out.
The invitation for bids for the Council on Aging siding project has been published. The bids should be back by April and construction will start by the beginning of May.
The Town Budgets for FY2020 are complete and the Finance Committee would like to come before the Board next week at 6:30 p.m.
The Annual Town Meeting is set for May 20th and all articles for the warrant are due no later than March 29th.
There is one opening left on the Historical Commission.
The next Selectmen’s Meeting with be April 2nd at 7:00 p.m.
The next SRSG Meeting is April 17th at 9:30 a.m. in Mansfield.
The next SMHG Meeting will be held on March 28th at 9:00 a.m. in Seekonk.
The next Department Head meeting will be April 18th at 9:30 a.m.
Mr. Flaherty and Mr. Buckley will attend a MCPPO-sponsored Contract Administration Class in No. Attleboro on April 2nd.
Selectmen’s Report
Mr. Pacheco said last week he had the opportunity to speak to Cub Scout Pack 11 and it was very enjoyable.
He also wanted to extend his congratulations to Dippin’ Donuts for their grand opening on Saturday.
Ms. Riley said she had the opportunity to talk to the Town Moderator and advise him that the Board had voted to ask him to proceed with the screening committee for the Fire Chief’s position and he is all set to proceed.
The Government Study Committee meetings for April will be held on April 3rd and 17th. Ms. Riley attended the Department Head meeting to explain about the Government Study Committee’s efforts and remind them that any department head who wishes to present information to the committee either in person or in writing is welcome to do so. She also stated, “I would like to propose for consideration and ask the Selectmen to sponsor a Town Meeting article to update the Town’s Master Plan. The Government Study Committee has not had a chance to vote on this, but it has been discussed and it seems to be a foregone conclusion that regardless of what other recommendations the Committee might make, the Master Plan really needs to be updated. It hasn’t been worked on since 2003, and, if approved at Town Meeting, that effort could proceed in conjunction with the Government Study Committee’s deliberations.” Ms. Riley will investigate how much it would cost to have a professional consultant perforrm that task. She asked that the proposed article be placed on next week’s agenda for consideration by the Board.
Ms. Riley and Mr. Pacheco attended the joint meeting of the Bridgewater-Raynham Regional School Committee’s budget subcommittee and Bridgewater and Raynham’s Finance Committees. Ms. Riley noted that the Raynham Finance Committee offered to increase the Town of Raynham’s proposed assessment by $180,000 to cover the addition of three needed Raynham positions.
The Bridgewater-Raynham Citizens’ Scholarship Foundation’s 56th Annual Drive for “Dollars for Scholars” will take place on Sunday, March 31st.
Mr. John Teixeira of 122 First Street stated that he is the Planning Board’s representative to SRPEDD and he wanted to remind the Board that the Town has 40 hours of work to be performed by SRPEDD as part of the Town’s arrangement as a member community. .
Correspondence
Correspondence was received from the Business & Economic Development Committee notifying the Board that their awards night will be Monday, April 1st at 5:00 p.m.
Mrs. Smith discussed a vote that was taken last week for a request for (two) One-Day Outdoor Entertainment and Liquor Licenses at Raynham Park for July 20th and 21st. She stated that more information has come forward since that time regarding the proposed festival. She stated that she met with Mr. Carney and she invited the Police and Fire Chiefs and the Board of Health Agent and they all participated in this meeting. She said, “There seems to be some confusion as to what is actually going on there and Mr. Carney could not give any definite answers and the people who are sponsoring this entertainment could not attend the meeting.” Within the next week, the sponsors will come and meet with Mrs. Smith, both the Police and Fire Chiefs and the Board of Health Agent to discuss their plans and make a presentation. Mrs. Smith continued, “That should clarify the number of attendees and just exactly what they are doing. If parking is a problem, Mr. Carney said he would have them park in Brockton and take a shuttle bus to Raynham. So, that’s pending the Police and Fire Chiefs and Board of Health’s approval, as well as the Board of Selectmen again, after we have learned of everything they intend to do. If it’s a go fine, if not, we have the opportunity to rescind it.”
A petition for the Cumberland Farms rezoning amendment was received. It was noted that the Planning Board will hold its hearing on the proposal and it does not pertain to the Board.
Adjournment
At 7:45 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.
Respectfully submitted,
Janet Murphy
Recording Secretary