PLYMOUTH SELECT BOARD
TUESDAY, JANUARY 14, 2020
1820 COURTROOM, 26 COURT STREET, PLYMOUTH, MA – 6:00 PM
______6:00PM - CALL TO ORDER
Ken Tavares, Chairman of the Board, called the meeting to order at 6:00 p.m. and asked the Board to call the Executive Session to order.
Present: Kenneth A. Tavares, Chairman John Mahoney, Vice Chairman Shelagh Joyce Betty Cavacco (Absent) Patrick Flaherty
Melissa Arrighi, Town Manager Marlene McCollem, Assistant Town Manager
______6:00 p.m. EXECUTIVE SESSION
The Board of Selectmen will hold an Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21, Paragraph 3, to discuss strategy with respect to collective bargaining or litigation, if an open meeting may have a detrimental effect on the bargaining, negotiation, or litigation position of the public body and the chair so declares. Following Executive Session, the Board will reconvene in open session.
Health Insurance Veolia Budget
______7:10PM – BACK TO OPEN SESSION
Ken Tavares, Chairman of the Board, called the open meeting back to order at 7:10pm and asked everyone to join him in the Pledge of Allegiance. He then said that the Board has been in Executive Session since 6:00pm.
Chairman Tavares said that they were conducting a joint meeting with the School Committee and Advisory and Finance Committee and they both called their meetings to order.
______7:11PM – ARTICLE 17 – Foster Care School Transportation
Gary Costin, Business Manager for the Plymouth School Department, came up and said we are required to provide transportation for kids that are in foster care to their school of origin. He said as an example is if a child was placed in foster care in Brockton, we would be required to provide transportation from Brockton back to school here in Plymouth, and then back home in the afternoon. He said the State is working through the Social Security Act Title 4E which allows us to apply for reimbursement. He said before we can apply for reimbursement, we are required under Chapter 44 to enter a contract through Town Meeting approval. PAGE 1 OF 8 He also said that the anticipated reimbursement is around 20% of the total cost. He said last year we spent $284,000 for transporting forty-one foster students. He said what they are asking is for the Town to vote to allow the School Department to sign the Memorandum of Agreement which is boiler plate and has been reviewed by several legal counsels.
Selectman Joyce asked if we spent $284,000 next year would we be reimbursed that full amount, to which Gary Costin said we would do a quarterly report and be reimbursed at the end of the fiscal year for 20% of what the total cost would be.
On a motion by John Mahoney and seconded by Shelagh Joyce, the Board voted to recommend Article 17 (Foster Transportation) to the 2020 Spring Town Meeting. Voted 5/0
______7:17PM – BUDGET
Chairman Tavares said this is the time that we can ask questions and said he would like to see if the Select Board had any questions for Finance and Advisory or for the School Committee.
Vice Chairman Mahoney said annually there is a wish list from Department Heads regarding Capital Requests, and then asked if tat could be provided to the Board once it’s available that would be great, to which Melissa Arrighi said she would provide that later this week.
Selectman Joyce asked when the Finance and Advisory Committee would have the final reports from their Sub-Committees, to which Kevin Canty said some of them have already started meeting but the reports are due on 13th of February and their Budget Hearing would be held on the 26th February. He said the reports would be available prior to their Budget Hearing.
Both the School Committee and the Finance and Advisory Committee adjourned their meetings at 7:19pm and Chairman Tavares thanked them all for coming in tonight.
______7:20PM – ARTICLE 13
Lee Hartmann, Director of Planning, came up and said this Article is regarding the Hotel – Motel Promotional Fund. He said this allows us to set aside funds from the Hotel / Motel tax and reinvest it into tourism. He said by a Special Act, we can place 45% of this tax annually into the Promotional Fund which can be used on things like special events and tourism. He said this is especially important this year with the 2020 celebrations upon us.
Selectman Joyce asked if the Destination Plymouth contract went up every year, to which Lee Hartmann said yes, and that goes out to bid each year.
Vice Chairman Mahoney said this fund is a good example of how to spend properly and it is as good as it gets, to which Lee Hartmann said yes it is, as it is matched by private funds so we make this go a long way.
On a motion by John Mahoney and seconded by Patrick Flaherty, the Board voted to recommend Article 13 to the 2020 Spring Town Meeting. Voted 4/0
PAGE 2 OF 8 ______7:26PM – ARTICLE 19
Lee Hartmann came back up and said this Article is regarding our flood maps. He said FEMA has updated their flood maps and we are asking to amend our flood zone maps to match FEMA’s. He said there are no changes to the coastal flood zones, only the inland food zones. He said these areas around ponds and inland waterways haven’t been updated since the 80’s and if we don’t update them people could lose insurance coverage. He finished by saying this is a standard house-cleaning Article.
Vice Chairman Mahoney said we saw this around the South Shore, and it was a huge issue in Marshfield and Scituate, and then asked why we haven’t done this sooner, to which Lee Hartmann said those towns have much lower lying areas. He said Plymouth has very few areas that could possibly be affected by flooding.
On a motion by John Mahoney and seconded by Shelagh Joyce, the Board voted to recommend Article 19 to the 2020 Spring Town Meeting. Voted 4/0
______7:30PM – ARTICLE 20
Lee Hartmann came back up and said this Article would give the Town control, to some degree, about activities in the demolition of the power plant. He said although mainly regulated by the Federal Government, it will give the Town control over our roads and make sure there won’t be any damage by this type of work.
Selectman Flaherty asked how many other properties in Plymouth fall under this guideline, to which Lee Hartmann said it was only for large-scale industrial so maybe anther 2 or 3 properties would fall under this.
Selectman Flaherty asked what areas this would pertain to, to which Lee Hartmann said basically it would be returning parking lots and the areas where buildings were to their natural condition.
Vice Chairman Mahoney asked if Town Counsel had approved this Article, to which Lee Hartmann said yes, we worked with them several times to iron out the details.
Kevin O’Reilly, Vice Chairman of NDCAP, came up and said this seems very reasonable as it addresses one main concern ad that is that Plymouth has no say in anything else that goes on at the plant. He said he will present this to NDCAP, and he is sure they will support this.
Selectman Joyce asked about the heavy vehicles traffic limitations and wondered where these numbers came from, to which Lee Hartmann said they are standard numbers that they used from the earth removal permits.
Selectman Flaherty asked if we could remove the specification to add loam and grass seed, to which Lee Hartmann said the Building Department would require them to do this as it is already in our bylaws, but it’s up to the Board if they would like it removed from this Article.
Selectman Flaherty said that this would still be their property and made a motion to remove the requirement to add 6” of loam and grass seed or native vegetation, to which there was no second to that motion.
On a motion by Shelagh Joyce and seconded by John Mahoney, the Board voted to recommend Article 19 (Industrial Demolition Requirements) to the 2020 Spring Town Meeting. Voted 4/0 PAGE 3 OF 8 ______7:42PM – TOWN MANAGER’S REPORT
Short Term Rentals Melissa Arrighi, Town Manager, said that our Finance Director reached out to the Massachusetts Department of Revenue for an update on the short-term rental revenues. She said we are interested in seeing the specific breakdown on the new short-term rental community impact tax. She then said that they did provide a rough estimate as follows:
- Distribution $1,267,351 - Short-Term $212,024 - Hotels $1,055,327
Town Bell Repairs Melissa Arrighi said that the consultant working with the Community Preservation Committee has forwarded the specifications for the bell repairs to the Procurement Department. She said the cost of the project will require advertised bids. Our Procurement Officer is working on this now and plans to advertise in the Old Colony Memorial next Wednesday and prices are due two weeks later.
Fire Station Repairs Melissa Arrighi said that the new kitchen at Fire Station Headquarters is progressing nicely and the remaining appliances will be delivered on Thursday. She said once again the School Department Facilities Manager, Arthur Montrond, was a tremendous help and agreed to have his staff come by on Friday to look at the vent installation. She also said that we have filled one of the Building Craftsmen’s positions and they welcome Alan Parker to the facility team. She said that other repairs and projects are ongoing at Station 2, Station 5, and Station 6.
JMLC Decision Melissa Arrighi said that the Town and Unions make every effort to negotiate employment contracts every few years. She said that sometimes the negotiating teams just cannot agree on finances or other changes to the contract. In Massachusetts, when this happens with Police and Fire there is a Joint Labor Management Committee (JLMC) of the Commonwealth of Massachusetts Department of Labor Relations who can be petitioned to step in and render a settlement decision, which was the case between the Town and the Superior Officers. Melissa Arrighi said in summary the JLMC awarded a 3.5% cost of living adjustment for all Sergeants and Lieutenants retroactive back to July 1, 2017.
Alan Costello asked how the JLMC determines that the Town can make these payments, to which Melissa Arrighi said they look at our financials. Alan Costello then asked where the disconnect was between the JLMC and the Town because Lynne Barrett is saying we are close to an override, to which Melissa Arrighi said they only look at our immediate financials and not into the future budgets.
Capital Process Melissa Arrighi said that she was provided with sone concern from a resident that the Town may not be following our Town Charter and Bylaws in terms of capital requests and there could be some projects over $15,000 that are funded at Town Meeting, yet have never been on our capital plan or 20 year plan. She said there are many examples of why this might happen and said if anyone has specific questions they can reach out at any time. She then gave some examples of what might occur in these cases.
PAGE 4 OF 8 Capital Educational Videos Melissa Arrighi said that the Town is attempting to make short educational videos that will highlight some of our projects going to Town Meeting. She said they are working loosely with PACtv to get this done. She thanked Lynne Barrett and Joe Young for taking the lead ion implementing this initiative. She said these Articles are related to the Fire Department Buildings that are being put before the Capital Improvement Committee.
Alan Costello asked if PACtv is making videos in favor of Articles for Town Meeting would opposing views also be able to be aired the same way, to which Selectman Flaherty said everyone has the same access to schedule a public service announcement with PACtv.
Wareham Road Paving Project Melissa Arrighi said that a resident recently inquired on where the Town is on working with AD Makepeace (ADM) in their requirements in their ZBA Special Permit that they pave all of Wareham Road. She said currently there are two graveled portions remaining. She said since meeting with this resident, she has reached out to both ADM and the Town’s Engineering Department to attempt memorialize a draft timeline. This timeline will be pending delays, weather, and Town Meeting actions. She also said she has gotten mixed messages from residents in that area about how neighbors on Wareham Road are going to react to having it fully paved. She said she has heard that any would like to see this paved and others have concerns that once paved Wareham Road will become a cut-through as well as a raceway. She is hopeful that by including this in her Town Manager’s Report and having it on social media we will hear more feedback from residents on this paving project.
OPEB (Other Post-Employment Benefits) Melissa Arrighi said these are the benefits that a Town employee will begin to receive at the start of their retirement and for which the Town of Plymouth must budget and record. She said these do not include pensions, rather these expenses are principally retiree health care benefits, but also may include life insurance, disability, or other costs. She went on to say that OPEB is an accounting concept created by the Governmental Accounting Standards Board (GASB) and is designed to address these expenses. The Town of Plymouth, working through our Finance Department, engage outside services to review and valuate our OPEB liability and then we report and disclose that information. She said currently we are shown about $600,000,000 for 2018 and said that the full report can be found on the Town website.
Cyber Security Melissa Arrighi said that Plymouth was participating in the Cybersecurity Awareness Grant Program and as part of that program, the IT Director and I will be joining a Leadership Messaging Webinar in January. This will help us kickoff the program, ensure a positive message, ensure that staff understands the benefits, and inform staff of their important roles. She said Ralph DeLeo, the Director of Municipal Partnerships, and Executive Office of Technology and Services and Security, explained that the main purpose of this webinar is to provide Towns with guidance and messaging ideas that will help us effectively promote and communicate this program.
DPW Annex Melissa Arrighi said that The Environmental Company has conducted the expedited sampling it the DPW Annex and the samples have been shipped. She said based on the information we have, we authorized standard turn-around times for analysis which is approximately two weeks.
PAGE 5 OF 8 204 Long Pond Road Demolition Melissa Arrighi said that we have received a proposal from ECM Environmental for the inspection needed to move forward with demolition of the building and garage. She said there is a disconnected 275-gallon heating oil tank in the basement that looks t have residual oil as the tank gauge reads 1/8 of a tank. The vent and fill pipes have been removed, the wall holes plugged, and there are no signs of leakage. She said Environmental Consulting & Management, Inc. (ECM) was pleased to provide their proposal in support of the planned demolition of the residential home at 204 Long Pond Road.
______7:55PM – PUBLIC COMMENT
Gus Diodato came up and wanted to make a public complaint about Paul McAuliffe, the Director of the Building Department. He said he applied for a zoning permit and was denied. He said he wanted to file an appeal, but Paul McAuliffe wouldn’t accept the appeal. Gus Diodato said its his civil right to file an appeal. He then talked about his conversation with Lee Hartmann, Planning Director, and he told me I could hall out a certain amount of that hill without filing for a zoning permit. Mr. Diodato then talked about some personal allegation brought against him and he asked the Board to investigate this issue.
Kevin Lynch came up and said that the Board has all the paperwork to research, but these Articles are being heard for the first time by the public. He urged the Board to postpone their votes until the following week to give citizens time to watch this Selectmen’s Meeting, to which Chairman Tavares said the Board does often put off votes but said that the Board receives the information when everyone else does.
Gloria Foley came up and said she is an advocate for the affordable housing proposed for Colony Place. She said it is cutting edge and would be great for young adults with developmental disabilities. She said almost 10% of the community has some sort of disability and asked for the Board’s support on this project.
______8:10PM - LICENSES AND ADMINISTRATIVE NOTES
LICENSES
On a motion by Shelagh Joyce and seconded by Patrick Flaherty, the Board voted to approve a One Day Wine and Malt License for Craft Media Inc for a Wine Tasting being held on January 18, 2020 from 1:00pm to 8:30pm at Memorial Hall. Voted 4/0
On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to approve a One Day All Alcohol License for Pilgrim Society / Pilgrim Hall Museum for a Beer Tasting being held on January 24, 2020 from 6:00pm to 8:00pm at Memorial Hall. Voted 4/0
On a motion by John Mahoney and seconded by Shelagh Joyce, the Board voted to approve a Special License to Sell Bottled Wine at a Farmer’s Market for Artis Winery LLC for Farmer’s Markets being held at the Plimoth Plantation on the following dates: Voted 4/0
- January 23, 2020 - March 26, 2020 - February 13, 2020 - April 9, 2020 - February 27, 2020 - April 23, 2020 - March 12, 2020 - May 14, 2020
PAGE 6 OF 8 On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to approve a Vehicle for Hire Operator License for Special Occasion Limousine for the following drivers: Voted 4/0
- David Barr, 29 Brook Street, Plympton (Renewal) - Mark Stanton, 206 Franklin Street, Halifax (New) - Richard Millis, 146 Court Street, Plymouth (New) - Patricia Carter, 4C Mark Drive, Plymouth (New)
On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to approve a One Day Special Auctioneer License for J James Auctioneers and Appraisers for an Event being held on January 18, 2020 from 8:00am to 5:00pm. Voted 4/0
On a motion by John Mahoney and seconded by Shelagh Joyce, the Board voted to approve a New Class II Auto Dealer License for Cedarville Motors LLC, 2235 State Road. Voted 4/0
On a motion by John Mahoney and seconded by Patrick Flaherty, the Board voted to approve a New Class II Auto Dealer License for Kevin Pinto, 281 Court Street. Voted 4/0
On a motion by Shelagh Joyce and seconded by John Mahoney, the Board voted to approve a Change of Officers for Plymouth Yacht Club, 34 Union Street. Voted 4/0
On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to approve a Change of Manager for OS Golf Management LLC to Donald N. Baker for their three (3) Licenses at 35-39 Doublebrook, 43 Doublebrook, and 47 Doublebrook. Voted 4/0
ADMINISTRATIVE NOTES
On a motion by Shelagh Joyce and seconded by John Mahoney, the Board voted to approve the Open Meeting Minutes from the December 3, 2019 Select Board Meeting. Voted 4/0
On a motion by John Mahoney and seconded by Patrick Flaherty, the Board voted to accept a Gift of a New Sign for the Plymouth Animal Shelter valued at $1,485 from Brennan Signs and Awnings. Voted 4/0
Chairman Tavares thanked Brennan Signs and Awnings and asked that a Thank Youo Note from the Select Board could be sent out.
On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to approve and execute a License Agreement between the Town of Plymouth (as licensor) and Ronald and Ann Dobrowski, owners of 36 Massasoit Avenue (as licensee) which shall authorize the encroachment, repair and maintenance of, and temporary vehicular access to and erosion control revetment situated upon a portion of public coastal beach property located off Massasoit Avenue identified as Lot H on Plymouth Assessor’s Map 49. Voted 4/0
On a motion by John Mahoney and seconded by Shelagh Joyce, the Board voted to approve and execute a License Agreement between the Town of Plymouth (as licensor) and the Alan Oransky and Julia Oransky Joint Revocable Living Trust, owner of 24 Priscilla Beach Road (as licensee) which shall authorize temporary vehicular access over public coastal beach property located off Taylor Avenue identified as White Horse Beach on Plymouth Assessor’s Map 44, for the purpose of transporting equipment and materials related to an erosion control revetment situated on private property at 24 Priscilla Beach Road. Voted 4/0
PAGE 7 OF 8 On a motion by Shelagh Joyce and seconded by Patrick Flaherty, the Board voted to execute a Memorandum of Understanding between the Town of Plymouth and the Plymouth Growth and Development Corporation (PGDC). Voted 4/0
Vice Chairman Mahoney asked where we stood in regard to the completion of the Parking Deck and has the issue been resolved with the washout, to which Melissa Arrighi said yes, the washout issue has been resolved but will need to be finalized int heh spring. She said they a re looking at the warranty issues because the wall that is there now is different that what was there originally.
Selectman Joyce asked when the warranty expires, to which Melissa Arrighi said that she believes it ends the end of next month.
______8:20PM - COMMITTEE LIAISON / DESIGNEE UPDATES
Selectman Flaherty said that the Harbor Committee discussed Aquaculture Regulations and Transfers at their last meeting to come up with some recommendations. He said they are currently being vetted through the Sub-Committee.
Selectman Joyce said that the Capital Improvement Committee just received the capital requests and will be meeting next Wednesday. She said the numbers are a little scary so we will see where everything ends up.
Chairman Tavares said that he went to the Center for Active Living Board Meeting and they are having break-out sessions with the community and the attendance continues to increase.
______8:22PM - OLD BUSINESS / LETTERS / NEW BUSINESS
None
______8:23PM - ADJOURNMENT
On a motion by Patrick Flaherty and seconded by Shelagh Joyce, the Board voted to adjourn the Open Session at 8:23pm. Voted 4/0 By Roll Call: Tavares-Yes, Mahoney-Yes, Joyce-Yes, Flaherty-Yes, Cavacco-Absent
Recorded by: Christopher Badot Administrative Assistant, Board of Selectmen
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