The Rochester Board of Selectmen on January 14 approved allowing developer Steen Realty Development Corp to take the preliminary steps in the state permitting process to build 208 units on Cranberry Highway, a project known as a 40R affordable housing development.

After a well-attended public forum on the proposed development earlier in January, selectmen and the Planning Board continue to keep residents updated and informed on the impacts of the 40R and the benefits of supporting the plan’s advancement. Rather than opposing the chance to fulfill the state’s required 10 percent affordable housing minimum, the selectmen hope to advance in a way that would allow the town to work cooperatively with developer Ken Steen towards a mutually agreeable project as opposed to keeping Rochester vulnerable to a potential 40B development that could circumvent local zoning and building regulations.

Town Counsel Blair Bailey recommended that the board vote to allow Steen to begin the state permitting process with an application for preliminary determination of eligibility for 40R zoning with the Massachusetts Department of Housing and Community Development, which by no means grants final approval for the project to proceed.

“The final say is on the Town Meeting floor,” Bailey said, as residents will be asked to adopt special zoning to create a “smart growth overlay district” to accommodate the high-density residential 40R construction.

“It all needs to start at this point,” Board of Selectmen Chairman Greenwood “Woody” Hartley said.

Some residents are still wondering if the Town could say no to the 40R, as one resident asked that night, and of course, Bailey stated, it could. If Town Meeting denied the smart growth zoning article, then the 40R project would “go away,” he said.

“But it wouldn’t prevent the developer from coming back with a 40B,” Bailey said. A 40B would mean the project would receive a “blanket waiver,” meaning the developer would only have to comply with the state’s regulations. “And since we’re under 10 percent [affordable housing], they’re going to get approved by the state anyway,” Bailey said.

Rochester currently has just 0.4 percent affordable housing. The 40R would put the town just above the 10 percent requirement.

As Bailey pointed out, the Town of Marion fought for years to prevent Steen from developing the Marion Village Estates 40B, “And it ended up pretty much the way it was proposed in the beginning,” said Bailey. “The 40R is a joint process where the Town retains its say in Site Plan [Review] … but there’s also financial benefits.”

To cover the added cost an increase in population would make on demands for municipal services and education, Rochester could see funding in the ballpark of about $1 million in one-time payments, along with the increased revenue from excise and property taxes.

According to Hartley, the property slated for development has been on the market for seven years. Property owner A.D. Makepeace has stated that it has already turned away four 40B proposals for the site, preferring instead to support a project that would provide relative benefits to Rochester.

With the board’s affirmative vote that night, Bailey pointed out that once the permitting process is underway, Steen will create a website specifically for the project that will share details and progression as well as a timeline, and links will be provided on the Town’s website.

Also during the meeting, the board reconvened the nuisance dog hearing for Liberal Teixeira of North Street that was continued from November 17, and considered two options Bailey prepared to address the most recent violations of a past order and the latest complaints lodged by Teixeira’s neighbors.

A prior order restricted Teixeira from keeping more than three dogs on the property at any time, and revoked the kennel license for his dog breeding business. Neighbors enjoyed the peace of nearly three years without the alleged incessant dogs barking, until this summer when the barking resumed and neighbors reported more than three dogs and a litter of puppies running free on the property. Animal Control was called on more than one occasion, resulting in the latest nuisance dog hearing.

“Based on the policies and the findings,” said Hartley, “what I took into consideration was the history of this property and the orders the prior boards have issued.”

The board considered one option prohibiting any dogs on the property (Teixeira currently has three dogs licensed to the home), and a second option reiterating the three dog maximum while including orders to keep all three dogs on a leash and supervised at all times when outdoors, keep the dogs in the house or in an enclosed kennel according to specifications, and to submit to at least three animal control officer inspections annually to ensure compliance.

“I do understand there are ways for anyone to get around anything, but that struck me as the best step for now,” said Hartley, urging the ACO to closely monitor the property. “Any violation will result in an order banning all dogs from being kept at the property.”

“I think this is as firm as we can be at this time,” said Selectman Brad Morse. “Having a lot of history on this one myself for probably eight years now … with this party, so let’s go for this and ask the neighbors that if they have complaints to make sure they notify us.”

“Looks like a reasonable order,” said Selectman Paul Ciaburri. “We’ll go from here.”

In other matters, residents will have noticed by now the presence of pink plastic bags that have been provided by Simple Recycling. Residents can leave these bags filled with used clothing, shoes, and small household items or electronics curbside on their designated recycling day. Hartley encouraged residents to utilize this free service, which in return pays the Town $20 per ton of “soft” recyclable materials collected.

This is money in your pocket,” Hartley said. “The recycle bin is money out of your pocket. It’s better than paying hundreds of dollars per ton.”

“They’ll give you as many bags as you need,” Szyndlar said.

Instructions were given along with the bags and further information is printed on the side of the bags as well.

The board appointed Kevin Thompson and Léna Bourque to the Conservation Commission after officially accepting the resignation of longtime commission member Laurene Gerrior.

The alcohol sales violation for Lloyd’s Market will be addressed during a public hearing on Tuesday, February 19, that will be scheduled on the agenda for 6:15 pm.

The next meeting of the Rochester Board of Selectmen is scheduled for February 4 at 6:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

Matters involving money are often tense. Add in pressure from an impending municipal budget season and consternation over a couple town employee raises well above the average 2.5 percent that municipal workers usually anticipate, and it might even start resembling the early rumblings of a bar brawl. Now you have an idea of how the January 15 Marion Finance Committee unfolded.

It was Town House versus FinCom over two Reserve Fund transfer requests and the subject of whether the items to be funded – a 5.4 percent raise for the town administrator and an 8.8 percent raise for the fire chief – needed to be funded that evening.

Selectman Jon Waterman asked the committee, since the employment contracts have been signed with both gentlemen, why not approve the Reserve Fund transfers now?

“There’s a good reason why not, actually,” said Finance Committee member Alan Minard. “It ties the money up, Jon. In the case of [Town Administrator Paul Dawson], it’s not going to be necessary.”

Finance Director Judy Mooney disagreed, saying that unless the salary increases are funded soon, “I think the selectmen are gonna be in a tough situation come March.”

Dawson is set to retire as town administrator in March of this year.

“Then do it in March,” said Minard.

“You’re gonna have to do it at some point; a Reserve Fund transfer has to be made,” said Mooney. “These are salary things – keep that in mind.”

“The Town’s legally bound to pay it,” added Waterman.

“And we are gonna pay it,” said Minard. “Are we gonna run out of money before he retires?”

This brought the discussion towards talk of reactivating the Town’s Personnel Committee, a dialog led by Finance Committee Chairman Peter Winters.

Waterman said what the Town really needs is someone part time to handle human resources matters, which he added Rochester might be interested in sharing.

Minard mentioned it should be someone who could “scream bloody murder” at the size of Dawson’s pay raise.

Waterman said the raises were negotiated “under another Board of Selectmen,” later adding, “because they were stepping down and they did that.”

Finance Committee member Margie Baldwin said the FinCom is trying to “make a statement” by delaying the Reserve Fund transfers, “and I think we’ve made the statement and we’ve been heard.”

Perhaps, Minard added, the committee should appear before the selectmen so that statement could be broadcasted on television.

“The Selectboard can give anyone they want a raise, but with a personnel committee, we don’t end up with raises that are off the chart.” “Giveaways,” he called them.

“Both Paul and Judy are both uncomfortable that those transfers haven’t been made,” Waterman told the FinCom.

“And I say tough,” said Minard. “In the case of the town administrator, it is not necessary at this point. The fire chief, it is.”

Although Fire Chief Brian Jackvony has been getting paid his newly negotiated rate, no one could verify during the meeting if Dawson had been collecting his pay raise.

When asked what the argument was for not issuing the transfer for Dawson’s salary increase, Minard simply stated, “It’s not necessary. It just ties up $8,000 or whatever it is.”

The Reserve Fund is there for precisely what is stated in its name – for a reserve should unexpected costs arise whether in or outside the budget.

“We almost ran out of money last year,” Winters said. “We were shuffling at the end.”

The committee took a vote on whether it would take a vote that evening to make the transfers. Still following? FinCom member Karen Kevelson wasn’t.

“I’m just confused,” said Kevelson after a vote that appeared to support taking a vote.

“That’s because we don’t have a proper process for this,” said Baldwin.

“If you work for a town, you shouldn’t expect more than a two-and-a-half-percent raise unless there’s a change in your duties or responsibilities,” Winters asserted.

As one of those who “work for a town,” Mooney didn’t like where Winters went in the conversation.

“You know what, Peter? I do work really hard. And when you make those comments, you’re making it about me, too.”

Mooney kept going.

“I bust my ass off for this town, and to hear you talk like that, you stereotype us all. I bust my butt … and you’ve done pretty well by me.”

Mooney said for two unspecified years she didn’t get that 2.5 percent raise, “And I never said anything.

“You know what? I’m taking it personal (sic) because I’ve been here for 15 years and your bond rating has gone from a double A to a triple A.”

Baldwin tried to convince Mooney that the committee did in fact appreciate Mooney and that she should not take any of Winters’ comments personally, but Mooney had more to say.

“I know how you guys feel about my raise. I get that you could’ve negotiated better, but trust me when I tell you, you know what? The market out there is pretty good,” Mooney suggested, “so go ahead and make your comments, but you might lose some good people, too.”

Mooney said the Town’s undertaking to establish a wage classification and updated job descriptions could put some perspective on things, and then defended Dawson and his role in sitting in on contract negotiations.

Things settled and the FinCom voted in support of the Reserve Fund transfer for the fire chief’s pay raise, but voted to delay the one for Dawson’s.

After the meeting was adjourned, Winters apologized to Mooney and asked her to understand his frustration and not to take his comments personally.

“You’re one of the good guys,” Winters told her, and the group shared a few laughs as the contention subsided, concluding with FinCom member Jay Pateakos’ affable assessment, “Judy, he’s just a (bleep).”

The next meeting of the Marion Finance Committee is scheduled for January 29 at 6:00 pm at the Atlantis Drive building. Starting in February, the committee will begin meeting weekly through budget season.

Marion Finance Committee

By Jean Perry

The two other defendants named in a fraud and embezzlement complaint against former CMWRRDD executive director Ray Pickles, Pickles’ wife Diane Bondi-Pickles, and former Carver health agent Robert Tinkham Jr., were back in court on January 14 with a request for dismissal of the nine fraud-related counts that allege the three conspired together to defraud the regional trash district of over $838,000 over five years.

Pickles was fired in January 2018 from the position he held since the inception of the Carver, Marion, Wareham Regional Refuse Disposal District back in 1972.

The Brockton Plymouth County Superior Court Judge Robert Cosgrove presided over the case that was moved to the Brockton location from the Plymouth court location back on November 23, 2018. Court documents indicate that Judge Cosgrove has heard the matter and has taken it under advisement and must issue a decision within 30 days.

Tinkham who individually and under his business 33-35 Wareham Street, LLC was also named a defendant, filed for dismissal back on November 7, citing the district’s failure to effectively state a claim against him. The district filed a motion of opposition to Tinkham’s motion to dismiss, as well as to Bondi-Pickles’ subsequent November 26 motion to dismiss, which included a dismissal of the civil complaints against Bondi-Pickles as owner and president of Moss Hollow Management Corporation, the now defunct consulting business under which Pickles had been doing business as executive director.

Under Moss Hollow Management Corporation, listed under Bondi-Pickles, Pickles paid himself an additional $281,909 between July 1, 2012 and January 2018, in addition to his salary.

Tinkham, who was assigned to perform inspections of the Carver landfill that was under Pickles’ management, is accused of conspiring with Pickles “to personally convert more than $262,000.00 of the District’s funds for his own personal use from 2010-2018,” as stated in the original compliant.

The complaint alleges that Pickles, who is the former town administrator of Marion and remains Marion’s current town clerk, withdrew more than $295,548.00 of the district’s funds for his own personal use, including $113,321 in unauthorized checks, more than $150,000 in cash withdrawals between 2016-2018, and $31,227 in mileage reimbursements from 2012-2017.Under Moss Hollow Management Corporation, Pickles allegedly paid himself an additional $281,909 between July 1, 2012 and January 2018, in addition to his regular salary.

The case is slated for a trial by jury in 2021.

By Jean Perry