Selectmens Minutes 05/07/2019
Board of Selectmen May 7, 2019
Chairman Joseph Pacheco called the meeting to order at 6:30 p.m. in the meeting room at Veterans’ Memorial Town Hall, 558 South Main Street. In addition to Chairman Pacheco, Selectmen Marie Smith and Patricia Riley were in attendance, along with Interim Town Administrator Gordon Luciano.
Ms. Riley made a motion to enter into Executive Session in accordance with Massachusetts General Laws, Chapter 30A, Section 21, to discuss strategy with respect to, or in preparation for negotiations with nonunion personnel or to conduct bargaining sessions or contract negotiations with nonunion personnel, to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares, and 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. Mrs. Smith seconded the motion, and then, on a roll call vote, Chairman Pacheco and Selectmen Smith and Riley voted in the affirmative to enter into Executive Session.
Chairman Pacheco called the open meeting to order at 7:00 p.m. In addition to Chairman Pacheco, Selectmen Smith and Riley were present, along with Interim Town Administrator Gordon Luciano. Mr. Pacheco stated that the Board was returning from Executive Session and that no votes were taken and there was nothing to report at this time.
Ms. Riley led the Board in the Pledge of Allegiance and Mr. Pacheco informed 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 April 30th meeting and the May 6th Special Meeting as printed, Mrs. Smith seconded, and Mr. Pacheco made it unanimous.
Department Heads
Mr. Bob Iafrate, Building Commissioner, was present to give his monthly report. There are many new single-family homes being built in Raynham. Bassett Knolls has completed phase I and II and preparing phase III with 24 lots. Bassett Knolls East is in front of the Planning Board now and has 28 lots. Doe Run has 27 lots. Several commercial projects are currently underway, and Depuy, Johnson & Johnson has just started an $18 million interior renovation project. For this calendar year, the following permits have been applied for: Building Permits - 199 and Electrical Permits - 330. His office is currently working on some IT upgrades. The Planning Board has regrouped, and Mr. Andrade is the Chairman for this year. Applications before the Planning Board include the Adult Retirement Community off Rt. 44, which has 49 single family units, 366 South Main Street, and 5 lots off of Forest Street. His department will be utilizing some assistance from S.R.P.E.D.D to review current regulations and he will keep the Board up to date on their progress. Regarding the South School, the asbestos abatement has been completed and the carpentry work will be completed in about two weeks. Mr. Iafrate will be working with Mr. Luciano to get the paperwork documenting the work to the insurance company. The proposed Rt. 138 Overlay District is on the warrant for the Annual Town Meeting. Mr. Iafrate looked into what it will cost to complete the proposed Town Hall entryway project. The architect estimated that the single story, roof only project would be about $300,000 and the two-story project complete with meeting room would be about $600,000. Ms. Riley made a motion to table the matter at this time, Mrs. Smith seconded, and Mr. Pacheco made it unanimous. The Selectmen thanked Mr. Iafrate for his report.
Mr. Matt Tanis, Health Agent, was present to give his monthly report. There is a new Farm-2-Cup Juicery on Rt. 44, which is the company’s second location. Mr. Tanis has had some communication issues with Crue Brewery for food vendors who need to submit permits to the Board of Health seven days prior to the event so he can schedule an inspection. They have had a request for a 4-week soccer summer camp. He is working with the Veteran’s Agent on a housing issue, trying to get violations corrected. A big issue recently has been CBD products and he has reached out to Police Chief James Donovan, Town Counsel, and other Health Agents for their opinions as to whether retailers can sell these products. As soon as he gets a final answer, he will let the Board know. Another issue that has surfaced is illegal microblading which is a semi-permanent makeup inserted under the skin. He went to inspect a microblading establishment, but they had already packed up and left. He is suggesting that any new microblading establishment be required to take a class because of the potential lack of training its employees may have. He is going to update his fee schedule which is drastically lower in some respects than other towns. Regarding Earth Source’s status, Mr. Tanis stated that, for about a month now, he has had no contact from the Department of Environmental Protection concerning their operation, and, as far as he knows, they have not received a renewal of their permit, but they are still operating. Mr. Tanis said he sent Mr. Kelly a letter about recent calls he has received regarding odors and he requested an update on the status of their permit renewal and the Order of Non-Compliance they were issued in January. He also reported that the aerial spraying of larvicide is now complete.
Appointments
Deputy Chief Bryan LaCivita was present to interview for the Fire Chief’s position. He said he grew up in Raynham and has been a member of the department for 25 years. Mrs. Smith asked him why he wanted to be Fire Chief. Deputy LaCivita replied that he wanted to have a positive impact on the department and that when Chief James Januse was appointed to the position years ago, it inspired him to want to step up as well in order to help the community and help the department. Ms. Riley said, “Congratulations for being the unanimous choice of the Advisory Committee.” She asked why he wanted to become a firefighter. Deputy LaCivita responded, “I always wanted to be in public safety, but firefighter was not the original plan. My father was a Police Officer for a long time. I started as a call firefighter and it just started from there. You just get the bug and you realize it’s a lifestyle. I knew this was something I wanted to do.” Ms. Riley asked about Fire Prevention efforts. Deputy LaCivita said he has been working with the schools and intends to do more outreach programs. He said, “I was just at Merrill today doing a fire drill. We educate children on how to get out of the building and we are there on Field Day and Flag Day and it breaks down the barriers. We also do training for the ALICE program.” Mr. Pacheco said, “You have satisfied any concerns that I have had, but can you just speak to your experience and your comfort level with the budget process. I know you have been instrumental with Chief Januse in developing the budgets and making sure that the budget provides for a lot of different things and that the guys in the department are protected. One thing that you have prioritized is training and education.” Deputy LaCivita replied, “When you climb the ranks, you gain more responsibility, and, as Lieutenant, we started with a tuition reimbursement program, and I was in charge of making sure that everyone had an equal chance to get an education. As Deputy Chief, I’ve had the opportunity to sit with the Chief to work on the budget.” Chief Januse offered his congratulations and assured the Deputy that as Chief, he won’t have any problems because he has a good staff behind him. Chief Thomas Levy of the Bridgewater Fire Department was also present as a member of the Advisory Committee. He said that he works with Raynham very frequently and commented on their professionalism and dedication to the job. He also remarked that the Advisory Committee was a great mix of individuals. He stated that all three candidates were great, “but Bryan was the unanimous choice. “ Mr. Pacheco said, “If there are no other questions or comments from the Board, we do have the opportunity to make an appointment tonight. The recommendation of the Board has a caveat that the appointment will be effective July 1st and contingent upon successful contract negotiations.” Mrs. Smith then made a motion to appoint Deputy Chief LaCivita as the Fire Chief for the Town of Raynham effective July 1st. Ms. Riley said, “I’m very proud to second that.” Mr. Pacheco said, “I think it’s a testament to Chief Januse for developing a quality pool of people to choose from, but I’m confident that Bryan is going to be able to move the department forward and I’m happy to join the Board in supporting him.” Mr. Pacheco made the motion unanimous. Mrs. Marsha Silvia, Town Clerk, was present to swear in Deputy Chief LaCivita to the position of Fire Chief of the Town of Raynham effective July 1, 2019. Chief Januse asked if the Board meets on June 11th, and, if so, could the Department’s promotions be on the agenda for appointment. Mr. Pacheco replied in the affirmative.
Public Hearing – Transfer of License – Harry’s La Casa Mia
Mr. Pacheco called the Public Hearing to order at 7:34 p.m. and said that the petitioner has requested that the public hearing be postponed until May 21st. Ms. Riley made a motion to accept the request for the postponement, Mrs. Smith seconded, and Mr. Pacheco made it unanimous. Mr. Pacheco said that the Public Hearing is now adjourned at 7:34 p.m.
Public Hearing – Dangerous Dog Hearing
Mr. Pacheco called the Public Hearing to order at 7:34 p.m., for a dangerous dog hearing, owner Michael Keith of 45 Wood Street, Bridgewater, MA. Mr. Pacheco stated, “Pursuant to M.G.L. Ch. 140, Sec. 157, the Board of Selectmen will hold a public hearing regarding the disposition of your dog on Tuesday, May 7, 2019, at 7:20 p.m. at Raynham Town Hall, 558 South Main Street, Raynham, MA. The hearing will address the incident that occurred on April 18, 2019, as detailed in the attached police report. If your dog is deemed dangerous, the consequences could be serious for the dog. Therefore, you must attend, and you may also have a representative present if you wish.” Mr. Pacheco said, “The owner of the dog is not present and we will move forward with the testimony of the Assistant Animal Control Officer to make a determination, as to how we would like to proceed this evening.”
Linda Brackett, Asst. Animal Control Officer, was present to discuss the case. She said the man, who was injured in the attack, is currently in the hospital in Boston recovering from surgery. She stated, “I saw the dog and the dog is aggressive and the ACO in Lakeville, where the dog is being quarantined, is afraid of this dog. I visited the property in Raynham, where the dog will be kept, and I don’t see how they will be able to put up a fence to keep the dog. There will be workers there during the day. The dog has not been licensed since 2015 in Bridgewater, but the owner said he has only had him for a year and a half, so I don’t know what’s going on there. The injuries that the man sustained are serious.” Mr. Pacheco asked, “Do you have a recommendation for us, Ms. Brackett?” She replied, “I don’t know. He would need to be kept in an enclosure and be muzzled if taken out, but I don’t know how you could control that.” Mrs. Smith said, “I question the whole scenario. He had the dog tied up to a truck?” Ms. Brackett said, “Yes, he had about a 30-foot rope.” Mrs. Smith said, “At the time, the dog had an injured leg.” Ms. Brackett said, “The dog injured his leg by slipping on the ice and the dog also has lime disease.” Mrs. Smith said, “I cannot see someone tying a dog to a truck or what have you, knowing full well that people will be going there.” Ms. Brackett said that the Bridgewater Animal Control has had interactions with the owner, but they weren’t positive. Ms. Riley asked, “What are our options? Can you vote to keep the dog out of the town?” Ms. Brackett replied that the Board could give restrictions that the owner would have to follow in order to keep the dog or the Board could vote to euthanize the dog, although after one dog bite, that would be difficult to justify. She stated that she received a letter from the Dept. of Agriculture, stating “we shouldn’t be considering this. We shouldn’t even be holding a hearing, but we have to protect our citizens. What if it were a small child? It probably wouldn’t have survived.” Mr. Pacheco said, “We really have only had two incidents, one where the dog bit a child and was euthanized and the other where fencing was put up to keep the dog on the owner’s property. As far as keeping the dog from coming to Raynham, I don’t think we can adequately enforce that.” Mrs. Smith asked where the property was. Ms. Bracket said the owner’s property is directly across from Life Care. She continued, “What disturbs me is that the dog hasn’t been licensed since 2015, and his rabies vaccination had expired on the day of the incident. That shows irresponsibility.” Mr. Pacheco said, “We have a couple of options. We can postpone the hearing and try to see if we can get the owner in, and we can put some significant conditions on it that Ms. Brackett is alluding to or we can vote to euthanize the animal.” Mrs. Smith said, “You hate to put a dog down for one instance.” Ms. Brackett said, “It is very serious though. The man that was attacked has had to stop his cancer trials due to the surgeries. It’s a tough call.” Mrs. Smith said, “Perhaps, we can table it until the owner can come in and speak for himself.” Ms. Brackett said. “The Dept. of Agriculture said that we should release the dog.” Mr. Pacheco said, “If we release the dog, the owner is never going to come back. We’ve lost our opportunity. My recommendation is to postpone it and see if we can get the owner in next week and send correspondence, hand delivered by a Patrol Officer, and, also to send correspondence to the Dept. of Agriculture to let them know that this is our jurisdiction, not theirs.” Ms. Riley made the motion, Mrs. Smith seconded, and Mr. Pacheco made it unanimous. Mr. Pacheco closed the hearing at 7:46 p.m.
Ms. Riley asked Ms. Brackett if she was aware that the State Legislature has approved a new comprehensive piece of animal-related legislation that will go into effect on October 31st and which will require all animal control officers to receive formal training. Ms. Brackett said she completed the training in October of 2018. It was a two-day certification and she passed. Mr. Pacheco noted that she received a very high score. Ms. Brackett replied that, with the extra credit, she scored over 100.
Town Administrator’s Report
Mr. Luciano reviewed his report as Interim Town Administrator as follows:
The Annual Town Meeting is set for Monday, May 20th at 7:00 p.m. at the Raynham Middle School. The Pre-Town Meeting is scheduled for Tuesday, May 14th at 7:00 p.m. here at Town Hall. The warrant has been posted on the town website.
The Special Town Meeting will also be held on May 20th at 6:45 p.m. at the Raynham Middle School, prior to the Annual Town Meeting. The warrant has four articles requesting internal account transfers for this fiscal year that ends on June 30th.
The latest tuition invoice that was received from Bristol County Agricultural High School lists eight students from Raynham who currently attend. The breakdown shows five students in Grade 9, two students in Grade 11, and one student in Grade 12.
Mr. Luciano said that he and Debbie Dooney, Executive Assistant, will be meeting with CGI Communications to update the town’s website video. This service is provided at no cost to the town.
Regarding the Donald L. McKinnon Meeting Room, Mr. Luciano stated, “We have started the reconfiguration of this room by relocating the podium. With the permission of the Board, next up will be the installation of new HD cameras with different angle locations, microphones, and a video monitor for attendees and cable viewers who will be able to see plans, etc., that are presented at the various committee and board meetings. The cost is borne by funding from our cable company agreements that can be applied to equipment upgrades.” He thanked RayCAM Director Michael Heylin and Building Commissioner Robert Iafrate for their assistance.
Upcoming Meetings
Regarding upcoming meetings, Mr. Luciano reported that the next Selectmen’s Meeting with be May 14th at 5:15 p.m. at Town Hall. An Executive Session will be held immediately following the Selectmen’s meeting under M.G.L.C. 30A, Section 21, Labor Counsel will be in attendance. Union Negotiations are ongoing with the Sewer and Highway unions. The next Department Head meeting will be held on Thursday, May 9th at 10:00 a.m. at Town Hall. The Government Study Committee meeting is scheduled to be held on Thursday, May 9th at 6:30 p.m. at the South School and the committee will discuss the Town Administrator’s position and look at what other communities are doing in the surrounding area.
Selectmen’s Report
Ms. Riley wanted to encourage everyone to go to the Pre-Town Meeting. She also reported that she attended the Raynwater Players’ performance of “All Shook Up” at the Bridgewater-Raynham Regional High School last week and it was an amazing effort on the part of everyone involved. The singing, the dancing, the choreography, the set design, everything was very professional. She also reported that R.A.V.E.’s “Salute To Our Veterans” Committee met Monday night with the Memorial Day Parade Planning Committee and everything is on track. The next, and last meeting before the parade will take place next Monday, May 13th, at 7 p.m. at Merrill School and everyone who wants to be involved is welcome to attend. She also reminded residents that the Raynham Fire Department’s Fishing Derby will be held at Johnson’s Pond on Saturday, May 18th.
Correspondence
Miss Ava Cibotti was present to read a letter about her mother and to request permission to hold a color 5K run dedicated in her memory with the proceeds to be donated to Brigham & Women’s Hospital. The run will be held on June 30th and begin and end at Gazebo Park with a celebration to be held at the conclusion of the event. Mrs. Smith made a motion to accept, contingent upon the approval of the Fire and Police Departments. Ms. Riley seconded and thanked Ava for her presentation. Mr. Pacheco made it unanimous.
Correspondence was received from Health Agent Matthew Tanis regarding a correction order issued with respect to code violations at a residence on Paul Street.
Correspondence was received from the Planning Board regarding a hearing on Thursday, May 16th, on an application for a special permit for a reduction of required parking spaces at 366 South Main Street.
Correspondence was received from MassDOT regarding closures that will take place overnight on Rt. 24 in the vicinity of Rt. 44. The contractor will close one lane for line striping on Rt. 24 North and South from Monday, May 6th through Friday, May 17th from 8:00 p.m. to 5:00 a.m. Ramp closures and detours will also take place and be implemented from 9:00 p.m. to 5:00 a.m. the following morning.
A Tag Day request was received from Ultimate Starz Athletics for the following dates: July 1st – July 3rd. Mrs. Smith made a motion to accept, Ms. Riley seconded, and Mr. Pacheco made it unanimous.
A request for a Junk Dealer’s License Renewal was received from Rose’s Auto Parts, 1 East Britannia Street, Raynham. Mrs. Smith made a motion to renew, Ms. Riley seconded, and Mr. Pacheco made it unanimous.
Correspondence was received from MVMA Charities for the approval to participate in the organization’s stray animal program. The letter states that the application has been approved for an annual funding limit of $1,000 for emergency care of stray or unowned animals. The application to participate was submitted by Linda Brackett as Assistant Animal Control Officer.
Adjournment
At 8:05 p.m., Ms. Riley motioned, and Mrs. Smith seconded, to adjourn for the performance of administrative duties, signing of Bills and Warrants, with no business to be conducted afterwards. Mr. Pacheco made it unanimous.
Respectfully submitted,
Janet Murphy
Recording Secretary