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Pembroke Select Board · 2020–2021 Board · Regular meeting

October 21, 2020

14 recorded votes, 14 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Daniel W. Trabucco, John G. Brown, Jr., Tracy Marino, Jessica M. Rushing, Rebecca Coletta

Absent: None

Every vote, in order

Vote to Accept the Resignation of James Gallagher, Zoning Board of Appeals

Accept the resignation of James Gallagher from the Zoning Board of Appeals

Minutes, page 1

ApprovePassed · 4–0

To accept the resignation of James Gallagher from the Zoning Board of Appeals

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Marino moved to accept the resignation of James Gallagher from the Zoning Board of Appeals; Mr. Brown seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Marino, second: Brown)

Read it in the official minutes, page 1 (PDF)

Vote Recommendation of Zoning Board Chairman: Appoint Christopher Mcgrail (18 Juniper Ln) to Vacancy

Approve the request for the appointment of Christopher McGrail of 18 Juniper Lane to the Zoning Board of Appeals, term to expire 2022

Minutes, page 1

AppointPassed · 4–0

To approve the request for the appointment of Christopher McGrail of 18 Juniper Lane to the Zoning Board of Appeals, term to expire 2022

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Marino moved to approve the request for the appointment of Christopher McGrail of 18 Juniper Lane to the Zoning Board of Appeals, term to expire 2022. Mr. Brown seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Marino, second: Brown)

Read it in the official minutes, page 1 (PDF)

Treasurer/collector K. Mccarthy: Request for Vote to Award Bond Issuance for 10/29/2020

That the sale of the $2,500,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated October 29, 2020 (the "Bonds"), to Robert W. Baird & Co. Inc. at the price of...

Minutes, page 1

Adopt orderPassed · 4–0

That the sale of the $2,500,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated October 29, 2020 (the "Bonds"), to Robert W. Baird & Co. Inc. at the price of $2,768,204.09 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on August 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2021 $160,000 5.00% 2028 $135,000 5.00% 2022 155,000 5.00 2029 130,000 5.00 2023 155,000 5.00 2030 105,000 5.00 2024 155,000 5.00 2033 315,000 2.00 2025 155,000 5.00 2036 315,000 2.00 2026 150,000 5.00 2040 420,000 2.00 2027 150,000 5.00 And further moved that the Bonds maturing on August 1, 2033, August 1, 2036 and August 1, 2040 (each, a "Term Bond") shall be subject to mandatory redemption or mature as follows: Term Bond due August 1, 2033 Year Amount 2031 $105,000 2032 105,000 2033* 105,000 *Final Maturity Term Bond due August 1, 2036 Year Amount 2034 $105,000 2035 105,000 2036* 105,000 *Final Maturity Term Bond due August 1, 2040 Year Amount 2037 $105,000 2038 105,000 2039 105,000 2040* 105,000 *Final Maturity And further moved that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 1, 2020, and a final Official Statement dated October 8, 2020 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And further moved that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. And further moved that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. And further moved that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and to comply with relevant securities laws. And further moved that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf" file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And further moved that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved that the sale of the $2,500,000 General Obligation Municipal Purpose Loan of 2020 Bonds of the Town dated October 29, 2020 (the "Bonds"), to Robert W. Baird & Co. Inc. at the price of $2,768,204.09 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on August 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2021 $160,000 5.00% 2028 $135,000 5.00% 2022 155,000 5.00 2029 130,000 5.00 2023 155,000 5.00 2030 105,000 5.00 2024 155,000 5.00 2033 315,000 2.00 2025 155,000 5.00 2036 315,000 2.00 2026 150,000 5.00 2040 420,000 2.00 2027 150,000 5.00 And further moved that the Bonds maturing on August 1, 2033, August 1, 2036 and August 1, 2040 (each, a "Term Bond") shall be subject to mandatory redemption or mature as follows: Term Bond due August 1, 2033 Year Amount 2031 $105,000 2032 105,000 2033* 105,000 *Final Maturity Term Bond due August 1, 2036 Year Amount 2034 $105,000 2035 105,000 2036* 105,000 *Final Maturity Term Bond due August 1, 2040 Year Amount 2037 $105,000 2038 105,000 2039 105,000 2040* 105,000 *Final Maturity And further moved that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 1, 2020, and a final Official Statement dated October 8, 2020 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. And further moved that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. And further moved that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. And further moved that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and to comply with relevant securities laws. And further moved that any certificates or documents relating to the Bonds (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a ".pdf" file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. And further moved that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Ms. Rushing seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown, second: Rushing)

Read it in the official minutes, page 1 (PDF)

Treasurer/collector K. Mccarthy: Request for Vote for Septic Management Loan Program (town Meeting 7/28/2020)

That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $200,000 (the "Bonds") pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed...

Minutes, page 3

ApprovePassed · 4–0

That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $200,000 (the "Bonds") pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed July 28, 2020 (Article 9, Action 4), which authorized a total borrowing of $200,000, for a community septic management loan program (the "Project"); that in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the "Notes") from time to time in an aggregate principal amount not to exceed $200,000; that each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Clean Water Trust (the "Trust") at a price determined pursuant to the Financing Agreement; that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Financing Agreement (or Agreements) with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds or Notes; that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary or convenient to carry out the provisions of this vote, including execution and delivery of the Financing Agreement or Agreements and the Project Regulatory Agreement or Agreements relating to the Project

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved that the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $200,000 (the "Bonds") pursuant to Chapters 29C and 111 of the General Laws and a vote of the Town passed July 28, 2020 (Article 9, Action 4), which authorized a total borrowing of $200,000, for a community septic management loan program (the "Project"); that in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the "Notes") from time to time in an aggregate principal amount not to exceed $200,000; that each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Clean Water Trust (the "Trust") at a price determined pursuant to the Financing Agreement; that the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Financing Agreement (or Agreements) with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds or Notes; that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary or convenient to carry out the provisions of this vote, including execution and delivery of the Financing Agreement or Agreements and the Project Regulatory Agreement or Agreements relating to the Project. Ms. Marino seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown, second: Marino)

Read it in the official minutes, page 3 (PDF)

Common Victualer's License Application: Mass Subs 4, LLC D/b/a Jersey Mike's Subs, 124 Church Street, Matthew West, Mana

Approve the application for Common Victualer's license CV- 79 to Mass Subs 4, LLC d/b/a Jersey Mike's Subs 124 Church Street

Minutes, page 3

ApprovePassed · 4–0

To approve the application for Common Victualer's license CV- 79 to Mass Subs 4, LLC d/b/a Jersey Mike's Subs 124 Church Street

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved to approve the application for Common Victualer's license CV- 79 to Mass Subs 4, LLC d/b/a Jersey Mike's Subs 124 Church Street. Ms. Rushing seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown, second: Rushing)

Read it in the official minutes, page 3 (PDF)

Vote to Accept the Resignation of Kelly Seifert, Advisory Committee

Accept the resignation of Kelly Seifert from the Advisory Committee with regret

Minutes, page 4

ApprovePassed · 4–0

To accept the resignation of Kelly Seifert from the Advisory Committee with regret

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Rushing moved to accept the resignation of Kelly Seifert from the Advisory Committee with regret; Mr. Brown seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Rushing, second: Brown)

Read it in the official minutes, page 4 (PDF)

Vote Recommendation of Herring Fisheries: Appoint Teresa Harling, 23 Kiley Way

Appoint Teresa Harling to the vacancy on the Herring Fisheries Commission, term to expire 2023

Minutes, page 4

AppointPassed · 4–0

To appoint Teresa Harling to the vacancy on the Herring Fisheries Commission, term to expire 2023

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Marino moved to appoint Teresa Harling to the vacancy on the Herring Fisheries Commission, term to expire 2023. Mr. Brown seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Marino, second: Brown)

Read it in the official minutes, page 4 (PDF)

Consider Vote: Appoint Recycling Comm. Candidates Carly Levy (88 Spring St), Kairyn Rainer (15 Seltsam Way)

Approve the request for appointment of Carly Levy to the Recycling Committee, term to expire 2023

Minutes, page 4

AppointPassed · 4–0

To approve the request for appointment of Carly Levy to the Recycling Committee, term to expire 2023

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Rushing moved to approve the request for appointment of Carly Levy to the Recycling Committee, term to expire 2023. Ms. Marino seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Rushing, second: Marino)

Read it in the official minutes, page 4 (PDF)

Approve the request for appointment of Kairyn Rainer of 15 Seltsam Way to the Recycling Committee, term to expire 2023

Minutes, page 4

AppointPassed · 4–0

To approve the request for appointment of Kairyn Rainer of 15 Seltsam Way to the Recycling Committee, term to expire 2023

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Rushing moved to approve the request for appointment of Kairyn Rainer of 15 Seltsam Way to the Recycling Committee, term to expire 2023. Ms. Marino seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Rushing, second: Marino)

Read it in the official minutes, page 4 (PDF)

Vote Emergency Management Recommendation: Extend Restaurant Temporary Alteration of Premises to 12/31/20

Move to extend the Temporary Alteration of Premises Licenses in effect on October 21, 2020 to December 31, 2020 for the slate of Pembroke Restaurants as presented, subject to the approval of the...

Minutes, page 4

ApprovePassed · 4–0

To Move to extend the Temporary Alteration of Premises Licenses in effect on October 21, 2020 to December 31, 2020 for the slate of Pembroke Restaurants as presented, subject to the approval of the Police Chief and Fire Chief, and to Inspection by the Health Agent and Building Inspector

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved to Move to extend the Temporary Alteration of Premises Licenses in effect on October 21, 2020 to December 31, 2020 for the slate of Pembroke Restaurants as presented, subject to the approval of the Police Chief and Fire Chief, and to Inspection by the Health Agent and Building Inspector. Ms. Rushing seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown, second: Rushing)

Read it in the official minutes, page 4 (PDF)

Discussion and Vote Regarding Mma's Best Practice "conduct and Civility of Public Officials"

Table this item to the next meeting (Discussion and Vote Regarding Mma's Best Practice "conduct and Civility of Public Officials")

Minutes, page 4

ProceduralPassed · 4–0

To table this item to the next meeting

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Rushing moved to table this item to the next meeting; Ms. Marino seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Rushing, second: Marino)

Read it in the official minutes, page 4 (PDF)

Vote to Enact Public Comment Policy

Table this item to the next meeting (Vote to Enact Public Comment Policy)

Minutes, page 4

ProceduralPassed · 4–0

To table this item to the next meeting

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Ms. Marino moved to table this item to the next meeting; Ms. Rushing seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Marino, second: Rushing)

Read it in the official minutes, page 4 (PDF)

Selectmen's Liaison, Working Group and Subcommittee Updates

Enter executive Session under M.G.L. c.30A, Sec. 21(6) to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect...

Minutes, page 6

ProceduralPassed · 4–0

To enter executive Session under M.G.L. c.30A, Sec. 21(6) to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body; Hobomock Street (D1-6) proposed solar farm (c.61B)

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved to enter executive Session under M.G.L. c.30A, Sec. 21(6) to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body; Hobomock Street (D1-6) proposed solar farm (c.61B); Mr. Trabucco declared it so, and stated that the Board would not return to open session. Ms. Marino seconded the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown, second: Marino)

Read it in the official minutes, page 6 (PDF)

Adjourn

Minutes, page 6

ProceduralPassed · 4–0

To adjourn

Yes: Brown, Coletta, Marino, RushingAbstained: Trabucco

From the minutes

“Mr. Brown moved to adjourn with Ms. Marino seconding the motion. By roll call vote: 4/0/1: Brown - yes; Coletta - yes; Marino - yes; Rushing - yes, with Trabucco abstaining..” (Motion: Brown)

Read it in the official minutes, page 6 (PDF)

From the Pembroke Select Board’s official minutes, posted in the town’s Agenda Center and Document Center. We check every vote against the members present and quote the exact wording. MassVoter never grades or scores officials. Photos of current members: Town of Pembroke Select Board page; Steven Ciciotti from WATD 95.9 (April 2025 candidate forum story). Former members show initials.

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