MINUTES OF THE SELECTMEN’S MEETING

MONDAY, JULY 20, 2009

PRESENT: Arthur P. Boyle, Jr. (Chairman), Donal P. Anderson (Vice-Chairman), Willard J. Boulter, Jr. (Clerk), Lewis W. Stone (Selectmen), Daniel W. Trabucco (Selectman), Edwin J. Thorne, Town Administrator, Diane M. Tobin (Executive Assistant), Becca Manning (Pembroke Express), Steve Annear (Reporter/Mariner), John Mattinson (Cable), Scott McFaden, Linda and Jim Muldoon, Dave Bradley, Peter Isham, and others.

The meeting was opened by the Chairman at 6:30 p.m. in the Veteran’s Hall, Town Hall, Pembroke. The Pledge of Allegiance was recited.

SELECTMEN’S SUMMER MEETINGS: The Chairman announced that the summer meetings will begin at 6:30 pm. instead or 7 pm. Selectmen’s summer meetings will be held on Aug. 10, Aug. 24, and Aug. 31. Regular weekly meetings will resume on Sept. 14, 2009.

NOTE OF THANKS: Chairman Boyle and Town Administrator Thorne expressed deep appreciation to all who made the visit by Governor Patrick a successful event.

MINUTES: The Board approved the minutes of the July 6, 2009 Selectmen’s meeting as amended.

INTER-DEPARTMENTAL TRANSFERS: Selectman Boulter moved, seconded by Selectman Stone, to waive the reading of the list of requested transfers. So voted.

Selectman Stone moved, seconded by Selectman Anderson, to accept the inter-departmental transfers as recommended and voted by the Advisory Committee.

Voted 5/0 in favor.

The transfers were as follows:

$150. from Town Accountant computer expense to Town Accountant longevity

$677 from Assessors’ legal to Assessors’ certification expense

$13,000 from Police payroll to Police expense

$50.00 from Animal Control vehicle maintenance to longevity

$5.00 from DPW buyback to DPW overtime

$500 from Health clerical salaries to Health mileage expense

$489 from Health Insurance to Veteran’s benefits

$2,500 from Library payroll to Library electricity

$7,392 from Health Insurance to Medicare Tax

RESIGNATION/CONSERVATION: The Board accepted with regret the resignation of Rich O’Reilly from the Conservation Commission effective June 29, 2009.

RESIGNATION/ENERGY COMMITTEE: The Board accepted with regret the resignation of Stephen Dodge from the Energy Committee.

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JULY 20, 2009 – PAGE TWO

NORTH RIVER COMMISSION: The Selectmen are in receipt of a letter from the North River Commission requesting that the Selectmen appoint a new Alternate Commissioner to replace Alan Holbrook. Selectman Boulter expressed an interest in being appointed to this position. Action was tabled on the appointment until the next meeting.

TOWN GOVERNMENT STUDY COMMITTEE: Selectman Anderson moved, seconded by Selectman Stone, to expand the Town Government Study Committee from five to seven members. Voted 5/0 in favor.

Selectmen Stone moved, seconded by Selectman Boulter, to appoint William Buckley, Anthony Marino, Brian Krause, and James Toohey, Jr., to serve on the Town Government Study Committee. Voted 5/0 in favor.

SPECIAL MUNICIPAL EMPLOYEES: Selectman Boulter moved, seconded by Selectman Anderson, to add the following positions and boards to the list of designated Special Municipal Employees:

Board of Registrars, Election Workers and Town Meeting Workers, Planning Board and Recording Secretary, Conservation Commissioners, Gas/Plumbing Inspector, Wiring and Alternate Wiring Inspectors, Building and Alternate Building Inspectors, and Council on Aging Board of Directors. Voted 5/0 in favor.

ELMER AVE, Parcel B2-37: Mr. Thorne suggested that Town Counsel needs to be made aware that there was a recent town meeting vote to declare that this as surplus property. Action on this will be held over until the next meeting.

SIGN PERMIT APPLICATIONS:

Commission on Disabilities, 128 Center Street – approval was granted so attach a 2’ x 1’ wooden sign to the existing sign pole on the edge of the Town Green.

99 Restaurant, 166 Church Street – approval was granted to display a temporary banner for another 30 day period.

MULDOON DOCK: Jim and Linda Muldoon complained to the Selectmen that they are “going in circles” with the issue of trying to get a dock permit. The Selectmen had previously approved a temporary, floating dock but it was ordered to be taken out when it turned out to be a permanent dock. The Selectmen can only approve a temporary, floating dock. A permanent dock requires state approval and Conservation Commission approval.

Conservation Commission has required proof of ownership in the form of an engineered plan and an opinion letter from an attorney. Ms. Muldoon referred to a 1994 civil action suit before the Supreme Court which she feels acknowledged the ownership by the Muldoon’s with easements to others. It was noted that the easement rights of others are affected by the Muldoon’s obstruction of the pond access if they are allowed to put the dock where they want it.

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The Selectmen recommended that the Muldoon’s adhere to the Conservation Commission rules as laid out in order to get permission for their dock. The Board of Selectmen cannot override the Conservation Commission’s orders.

WILDLANDS TRUST/CONSERVATION RESTRICTION: Scott McFaden explained that the Wildlands Trust has been working on a Conservation Restriction on property that falls on the Pembroke/Duxbury line. This is a wildlife habitat that links other conservation parcels in both towns. The land is on private property owned by Roman Striebel so it does not have to go to a town meeting vote.

Mr. Stone questioned any plans for a wind turbine to be placed on this property. Mr. McFaden responded that there are no current plans but the agreement does reserve the right for one to be sited on this land.

Mr. Boulter moved, seconded by Mr. Anderson, to accept the Conservation Restriction as presented with the stipulation that it is subject to the approval of Town Counsel and the Pembroke Conservation Commission. Voted 5/0 in favor.

POLE HEARING/#78S CENTER ST.: The Selectmen held a public hearing on the joint petition of Mass. Electric and Verizon for the installation of a new pole #78S, across the street from Pole #78, on Center Street in order to remove a guy wire off a dead tree and install the guy wire to the new pole. Peter Ng from Mass Electric was present to address concerns. No abutters were present. The Selectmen voted unanimously in favor to approve the request and sign the petition.

While Mr. Ng was present, the Selectmen asked about the possibility of having Mass Electric install two poles without any utilities in order to hang a banner on occasion to advertise certain town events. It was suggested that the town might just acquire an easement to use existing poles. The question will be researched.

ASK THE SELECTMEN:

North River Bridge: Steve Kroon inquired about the repair project for the North River Bridge and what happened to the money appropriated at a prior town meeting for work on the North River Bridge and what the work was to be performed. Mr. Stone learned from the DPW that the money was appropriated in November of 2007 and engineered plans have been completed. The job is ready to be bid. There was a delay because an endangered species of fern was discovered and had to be reviewed.

Pembroke Center Plaza: In response to many questions off the street, Mr. Stone talked about the status of the Center Plaza project and referred to the excellent coverage in the articles in the Pembroke Express. Mr. Trabucco noted that work has been delayed because the Planning Board wanted the road work completed before work began on the plaza buildings. When the road is being dug up, folks will know the project is underway.

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LANDFILL CAPPING: A meeting will be scheduled with the Board of Health and Michael Valenti, Recycling Center Supervisor, to discuss the status of this project.

TOWN ADMINISTRATOR’S REPORT:

Fox25 News Zip Trip: Mr. Thorne reminded all that Fox25 News was coming to Pembroke on Friday, July 24^th for their ZipTrip visit. They will be in town from 6:30 – 9:00 a.m.

PARC Grant Application: The application for the Parks Acquisition and Renovations for Communities grant was hand-delivered by Mr. Thorne to the Boston Office of Environmental Affairs and we are looking forward to their site visit.

EXECUTIVE SESSION: Mr. Boulter moved, seconded by Mr. Trabucco, to go into executive session to discuss litigation strategy and contract negotiations and upon conclusion no public business will be discussed.

Roll Call Vote: Stone, yes – Trabucco, yes – Anderson, yes – Boulter, yes – Boyle, yes

The meeting was adjourned at 7:50 p.m.