MINUTES OF THE SELECTMEN’S MEETING

MONDAY, SEPTEMBER 15, 2008

PRESENT: Terry H. Finnegan (Chairman), Donal P. Anderson (Vice-Chair), Hilary P. Wilson (Clerk), Arthur P. Boyle, Jr. (Selectman), Willard J. Boulter, III (Selectman), Edwin J. Thorne (Town Administrator), Diane Tobin (Executive Assistant), John Mattson (Comcast Cable), Lewis Stone, Steve Annear (Pembroke Mariner/Reporter), Becca Manning (Pembroke Express), Ned Colby (Patriot Ledger), James Hayden (Cable Advisory Comm.), Catherine Maloney (Comcast), other interested residents.

ANNOUNCEMENTS:

Chief Assessor Maureen O’Connor notified property owners that applications are available for abatements for property taxes. There were changes made at town meeting last year. The senior abatement was increased from $600 to $1,000. and the age was lowered from 70 to 65 in order to give more assistance to people who are in need. There will be no reimbursement from the State but it will come from the overlay account. There are strict requirements for the new abatements and information is available at the Library, Council on Aging, Town Hall and on the town website at www.pembroke-ma.gov.

MINUTES: Mr. Wilson moved, seconded by Mr. Anderson, to approve the minutes of September 8, 2008 as presented. Voted 4-0-1 Mr. Boulter was present but not voting.

COUNCIL ON AGING: Mr. Wilson moved, seconded by Mr. Boyle, to appoint Kenneth Girten and Joseph Dellapi to fill the vacant seats on the Council on Aging Board of Directors. Mr. Girten will serve a term to expire in June 2009 and Mr. Dellapi will serve a term to expire in June 2010. Unanimously voted in favor.

The Board also voted, with the recommendation of the Council, to appoint Janis M. Bowes as an alternate member with no specific time limit.

SPECIAL MUNICIPAL EMPLOYEES: The Board voted unanimously in favor to grant Special Municipal Employee designation to the Emergency Management Personnel and to the Special/Auxiliary Police.

GATRA: Mr. Thorne explained that there is additional insurance coverage required by the agreement. The present limit is $1 million but GATRA wants $5 million coverage.

Mr. Wilson moved, seconded by Mr. Boyle, to endorse the GATRA agreement upon completion of the negotiations to attempt to reduce the insurance coverage. So voted.

TOWN COUNSEL APPOINTMENT: Mr. Wilson feels that Kopelman & Paige is within a reasonable price range and would be inclined to continue with them at their current rate structure. Mr. Boyle feels that other firms offered basic services much the same as we have now. He feels this may not be the right time to make a change. Mr. Anderson said that after hearing all the applicants, he is inclined to say that Kopelman & Paige serves our needs. But he does not feel it was a waste of time to go through the interview process. He thinks Kopelman & Paige may have been taking advantage of the Town of Pembroke but they have offered to make it up to us. Mr. Anderson says that Kopelman & Paige seems to be a competent law firm and to change just for the sake of change would not be worth it. Mr. Boulter was not present for the interview with Kopelman & Paige but he did speak with Mr. Bard on the telephone at length. He noted that he has had to occasion to work with and work against Kopelman & Paige in his capacity as a Pembroke Police Officer. He also noted that some attorneys from the other firms actually worked first for Kopelman & Paige.

Mrs. Finnegan feels there was a value to going through the exercise of interviewing for town counsel services. She would vote for another firm that would offer the same services dollar for dollar but she would like to document that when a board changes, town counsel should be invited

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to come in to introduce themselves to the new persons and explain their services again. She feels the board should go through this exercise every couple of years.

Mr. Wilson moved, seconded by Mr. Boyle, to retain the services of Kopelman & Paige until June 30, 2009. Voted unanimously in favor.

SEPARATION PAY DISCUSSION: Town Accountant Michael Buckley was present to discuss the issue of accumulated sick and vacation pay for retirees. He suggested that the Selectmen should establish a fund. There is current balance in the Separation Pay Article of $256,000. He said the top ten earners would be owed $376,000. So he feels the town should keep the account at the level fund of the top ten. We would need to add $189,000 to bring it to the level it should be. Mr. Buckley recommends $120,000 at the Fall town meeting and the remainder at the annual.

CABLE ADVISORY COMMITTEE/COMCAST PUBLIC HEARING: Chairman Finnegan read the advertised notice of this public hearing to be conducted by the Pembroke Cable Advisory Committee to seek public input on a new cable contract proposal from Comcast. Jim Hayden and Pastor Joe Quaresimo were present from the Cable Advisory Committee. Many residents were in attendance.

Mr. Hayden opened the hearing at 7:30 p.m. and explained that in accordance with Mass. General Laws and to determine if Comcast has been and is now in concurrence with the current contract. He introduced the board of Selectmen members, High School Principal Ruth Lynch, Comcast representative Cathy Maloney, Nancy Richard from PAC TV, and Atty. Bill Hewigg from Kopelman & Paige.

Atty. Hewigg spoke to the audience and advised that rates and programming are not part of this hearing. This hearing is to talk about money, equipment and technical assistance. He told us that we will not be getting a divorce from Comcast. There is a presumption of renewal in negotiating a new contract. Mr. Hayden is going to work to support a public access television studio.

Ruth Lynch spoke on behalf of Superintendent Frank Hackett. She said that the school is in support of the educational channel to provide information to the citizens on what is happening in the schools and to showcase the student activities and accomplishments on a daily basis. Students would benefit from the experience of learning cable operations. James Haviland has an objection to the religious shows on public television, specifically on the subject of pro-life. Atty. Hewigg responded that it is allowed and the only restrictions are those that are restricted by the Constitution. He noted that the only obligation of the public tv channel is to provide equal time for any opposing views to a subject. Richard Iacobucci questioned if the studio will be in the high school then how will the public will be able to access it. He also commented that the only government coverage is of the Selectmen’s meeting. He suggested that the town should keep the community center studio and have one at the school for the students only.

Connie Michaels told the audience that she has had a show on public tv for ten years and she feels that senior volunteers gain a lot confidence helping at the studio. She feels if Pembroke moved to PAC TV it would be very prohibitive to all seniors and it would inhibit their voices as individuals. She wants to see the studio stay in the community center. Mary Willis also commented on the studio being a valuable asset to the seniors of the community. Bob Ryerson noted that the experience of working with cable in high school has already proven itself in the success of a former Silver Lake student, Brian Zechello, who now works for NESN. He says the community center studio is easy to use and accessible. Barbara Crooker also spoke in favor of keeping the studio here in Pembroke. George Viegas wants to see school programming in this town. Steve Walsh spoke about keeping the Comcast business office in Pembroke to be able to talk to someone about their cable concerns and their bills.

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Mr. Hayden says that the committee has to determine the best solution considering the number of people and the available funds. A studio at the school will still be advocated in negotiations. He would also like to improve broadcasting from town hall to include other boards.

There will be another public hearing on Wednesday, Sept. 17^th at 7:30 p.m.

The hearing was closed at 8:12 p.m.

PEMBROKE COMMUNITY TELEVISION: Mr. Anderson moved, seconded by Mr. Boyle, to establish a not for profit corporation to take over management of the public education and government programming for the community until such time as the license has been renewed. This is to be a non-profit organization known as Pembroke Community Television consisting of the five Selectmen and the original incorporators. Voted unanimously in favor.

SKATEBOARD PARK: Mr. Anderson wants to see a groundbreaking before the first freeze. It was requested that the Police Chief attend a future Selectmen’s meeting to discuss enforcement and oversight of a park. The Library Trustees and Recreation Director should also have input. Champion Way residents should also be invited for comments. Mrs. Finnegan noted that someone needs to be designated to maintain the park. Mr. Thorne advised that location of the park is an issue. The property line may prohibit construction in the currently proposed location. Libby Bates was in attendance and voiced her concerns about spending the entire $100,000 grant from the state on just the skateboard park. Information regarding the process and development of a skateboard park was submitted by the Library Director on Monday for the Selectmen’s review.

PAULINA PHILLIPS: Mrs. Phillips requested to be reimbursed $371.71 for her expenses in filing for an appeal of a Planning Board decision which resulted in an overturn of the Planning Board decision because of a violation of the bylaws by the Planning Board. Mrs. Phillips feels she should not have to pay for that board’s illegal actions. No policy has been established for reimbursement and this request would be at the call of the Selectmen. Mr. Anderson supports Mrs. Phillips view and the town should bear the expense. Mr. Wilson also feels it is wrong to charge the resident to appeal an illegal decision. Mr. Boyle would like to read back a bit before setting a precedent but is sympathetic to Mrs. Phillips plea. Chairman Finnegan agrees that she should not have had to appeal an illegal decision but the purpose of the ZBA is to have an avenue to appeal a Planning Board decision. Mrs. Finnegan would like to have some explanation from the Planning Board. A response from the Planning Board will be requested.

Mr. Boyle moved, seconded by Mr. Anderson, to table this matter until next week. So voted.

EXECUTIVE SESSION: Mr. Wilson moved, seconded by Mr. Anderson, to go into executive session to discuss pending litigation and real estate, and upon conclusion to adjourn with no further public business to be discussed.

Roll Call Vote: Wilson, yes – Boyle, yes – Anderson, yes – Boulter, yes – Finnegan, yes

The meeting was adjourned at 8:45 p.m.