MINUTES OF THE SELECTMEN’S MEETING

OCTOBER 26, 2009

PRESENT: Arthur P. Boyle, Jr. (Chairman), Donal P. Anderson (Vice-Chairman), Lewis W. Stone (Selectman), Daniel W. Trabucco (Selectman), Edwin J. Thorne (Town Administrator), Diane M. Tobin (Executive Assistant), John Mattison (Cable), Becca Manning (Pembroke Express), Steve Annear (Mariner/Reporter), and others. Selectman Boulter was not able to attend this evening.

The Chairman called the meeting to order at 6:30 p.m. in the Veterans Hall. The Pledge of Allegiance was recited.

EXECUTIVE SESSION: Mr. Anderson moved, seconded by Mr. Stone, to go into executive session for pending litigation and upon conclusion to resume the regular open session meeting.

Roll call: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

At 7:05 p.m., Mr. Anderson moved, seconded by Mr. Stone, to adjourn this executive session and return to open public session.

Roll call: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

MINUTES: The minutes of October 19, 2009 were accepted as amended.

LANDFILL CLOSURE/ACO: Mr. Anderson moved, seconded by Mr. Stone, to accept and sign the Administrative Consent Order from the Dept. of Environmental Protection with the changes as suggested by the Recycling Director, Michael Valenti.

Voted 4-0 unanimously in favor.

32 LIBERTY DRIVE RE-FINANCE: The Selectmen received a request from the owner of the affordable property unit at 32 Liberty Drive, Center Commons, to re-finance for a lower interest rate. Mr. Kemmet was in attendance to present an appraisal for the Selectmen’s review along with the other required documents. Mr. Trabucco explained that although this process may appear obtrusive, it is necessary to provide oversight of the affordable units in town to prevent losing any of them from our inventory.

Mr. Anderson moved, seconded by Mr. Stone, to approve the request of the property owner to re-finance his mortgage on property located at Center Commons, Unit 16, 32 Liberty Drive, with CitiMortgage Inc., in the amount of $171,793.00 at a rate of 5.375%.

99 RESTAURANT SIGN PERMIT: David Bradley was present to respond to any concerns of the Selectmen relative to his application for a sign with changeable letters.

Mr. Anderson moved, seconded by Mr. Stone, to approve the application for a sign permit for an illuminated 8’ x 4’ reader board to be attached to the main sign for the 99 Restaurant at 166 Church Street. Voted 4-0 unanimously in favor.

MINUTES OF THE SELECTMEN’S MEETING

OCTOBER 26, 2009 – PAGE TWO

TOWN ADMINISTRATOR’S REPORT:

Class of 2011 Car Wash – Lynn Place, class advisor, requested another date for the car wash fundraiser for the Class of 2011 since all previous dates have been rained out. Permission was granted by the Town Administrator to conduct the car wash at the community center on Saturday, Oct. 31^st from 9:00 a.m. to 2 p.m.

Governor’s Announcement – Mr. Thorne informed the Selectmen that the Governor has until Oct. 30^th to provide a balance of the FY2010 budget. There are expected budget cuts, layoffs and local aid cuts to be announced at that time.

Town Bylaw Regarding Union Contract Review: Mr. Anderson inquired about the bylaw requiring that the Advisory Committee receive any newly negotiated contracts at least 30 days before town meeting to review before recommending funding.

PELHAM STREET PROPERTY: Mr. and Mrs. Domaszewicz from 198 Pelham Street presented two issues of complaint to the Selectmen:

The first issue was that of not being notified when an abutting piece of town owned property was offered for sale by sealed bids. An in-house list of abutters was developed and the Domaszewitz lot was inadvertently overlooked as an abutting parcel. An apology was offered for this oversight.

The second issue is the current proposal to build an affordable home on property adjacent to the Domaszewicz. They explained that the property is an Eastern Box Turtle habitat and since they are an endangered species, they should be protected and left undisturbed. They request that the Selectmen put this parcel into Conservation Commission control in order to protect the species and to relocate the one-acre lot somewhere else. Town Administrator Thorne will take the steps required to have a determination from the Division of Fisheries and Wildlife regarding the turtles. In the meantime, the process will continue to prepare the lot for sale to accommodate an affordable housing unit. It would be a decision of town meeting to turn it over to the Habitat for Humanity subject to the State’s approval, or it would require a vote of the Board of Selectmen to put it under Conservation control. This item will be kept on the agenda under Old Business.

MINUTES OF THE SELECTMEN’S MEETING

OCTOBER 26, 2009 – PAGE THREE

EXECUTIVE SESSION: At 8:15 p.m.., Mr. Anderson moved, seconded by Mr. Stone, to go into executive session for contract negotiations and to come back into public session for any subsequent votes and to adjourn the public meeting.

Roll call vote: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

UNION CONTRACTS: At 8:27 p.m. the Selectmen reconvened in public session and voted as follows:

Mr. Anderson moved, seconded by Mr. Stone, to approve the Pembroke Police Union contract as negotiated by the Town Administrator and ratified by the Union, subject to approval of funding at the Fall Town Meeting.

Roll call vote: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

Mr. Anderson moved, seconded by Mr. Stone, to approve the Clerical Workers contract as negotiated by the Town Administrator and ratified by the Union, subject to approval of funding at the Fall Town Meeting.

Roll call vote: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

Mr. Anderson moved, seconded by Mr. Stone, to approve the Public Works Employees contract as negotiated by the Town Administrator and ratified by the Union, subject to approval of funding at the Fall Town Meeting.

Roll call vote: Stone, yes – Trabucco, yes – Anderson, yes – Boyle, yes

The meeting was adjourned at 8:25 p.m.