Town of Carver, MA - Board of Selectmen Minutes of October 24, 2006Present: Selectmen F. Casey, J. Gr

Present: Selectmen F. Casey, J. Grimes, M. O’Donnell, J. Angley, Chair F. Muscato, Town Administrator LaFond and A.T.A. Bouchard. Meeting was opened at 6:30 with the Pledge of Allegiance. Muscato read the announcements.

for both the Governor John Carver Elementary and Erwin K. Washburn Primary Schools to the Massachusetts School Building Authority for consideration of funding for school additions and renovations. The MSBA will review, approve, or deny grant applications. Grants will be from the School Modernization and Reconstruction Trust Fund (SMART Fund), that is funded from 20% of sales tax revenues.

Motion by Webster and second by Kaminski that having convened in an open meeting on October 24, 2006 the School Committee and the Board of Selectmen in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest form dated October 24, 2006 for the Erwin K. Washburn School located at 85 Main Street, Carver, Massachusetts. School Committee Vote: Unanimous. Motion by O’Donnell, second by Angley to approve submittal of statement of interest. Board of Selectmen Vote: Unanimous.

Motion by Webster and second by Kaminski that having convened in an open meeting on October 24, 2006 the School Committee and the Board of Selectmen in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest form dated October 24, 2006 for the Governor John Carver Elementary School located at 85 Main Street, Carver, Massachusetts. School Committee Vote: Unanimous. Motion by Angley, second by O’Donnell to approve submittal of statement of interest. Board of Selectmen Vote: Unanimous.

LaFond asked the School Committee the status of the Ben Ellis School. Sorrell stated that they had two interested parties – one Reads Collaborative, and another party that offered counseling services. Reads has not made a commitment at this time. Webster asked if the Board had any suggestions. Grimes indicated the Redevelopment Authority has expressed interest in this building. The school will be getting back to the Board within two months on the disposition of the building.

Spencer announced the resignation of Member Susan Drew. This is a joint appointment of the School Committee and Board of Selectmen to fill the vacancy until the next annual election. A November 15^th deadline was set for letters of interest and resumes. The School Committee and Board will hold a joint meeting on November 28^th at 6:30 PM to interview applicants.

Members Will Sinclair and Joanna Leighton were present. Muscato read a brief statement of charge. Sinclair stated the authority has met twice. John Fitzpatrick of DHCD will at their next meeting. Jack Hunter explained some of the types of things a Redevelopment Authority can do – bonding; raise funds from developers; brownfield remediation; pursue properties that are tax delinquent or in land court; grant writing, etc.

Dick Ward and Jack Hunter came before the Board requesting them to sign a license with the property owners for the Town to maintain the cranberry bogs on the property. Ward reported that presently the bogs are in tough shape, but they are healthy. There is approximately 3 acres of peat/mud bogs. Town could lease them out for maintenance. Motion by Angley, second by O’Donnell to execute license. Vote unanimous.

Ward also gave update on Agricultural Commission and the Farmers Market. There were 44 vendors, with half from Carver. Hunter stated Irene Winkler and Susan Sullivan-Jardin are writing a $10,000 grant that would allow the Ag Com to better promote the Farmers Market. Ward stated the Ag Com would have to decline the suggestion to develop a study committee on Earth Removal. It is too important an issue to the Town and several members have conflicting opinions on the Ag Com, and would not be productive. Asked the Board to appoint a committee to study this issue, and Ag Com would be happy to participate.

Muscato asked for an update from the subcommittee comprise of Grimes and O’Donnell. Grimes requested seven more members to review this issue. Muscato thought that is what O’Donnell and he were doing. O’Donnell stated they were charged with studying issue and recommends establishing a committee to review and make recommendations.

Muscato indicated there are five members of the Board and they can make recommendations. Grimes wants to know the Board’s authority in hiring practices and suggest changes if necessary. Casey stated when he was Chairman the plan was reviewed twice, and in 1999 Grimes served on the committee and recommended the Personnel Plan. The Personnel Code was accepted by a 5-0 vote. He has once again reviewed it and there are no grey areas. Mr. LaFond’s position was created by legislative act, and it is very clear as to his authority. Casey is very comfortable and supports both the Personnel Plan and the legislative authority.

Grimes thinks there is a great deal of gray area that is why they are asking for seven more members to serve on a committee. O’Donnell stated this was last reviewed in 1999. Casey stated the code has been amended several times since that date.

LaFond stated that about four years ago the Town received a grant from MAIA and hired a professional consultant that review our system on what policies the Town should have. The Plan was reviewed by a number of experts, and has not remained dormant. O’Donnell stated given the time lapse he sees no problem with doing another review.

Muscato stated that we have five members and that they can look the plan over. O’Donnell responded that he and Grimes were to decide, and feels a committee could help with review. Grimes wants more involvement by Board of Selectmen. Casey responded that Mr. LaFond is the appointing authority for the Town, and this leaves out nepotism and he has hired seven department heads that were all excellent. O’Donnell responded that laws can be changed. LaFond stated every appointment he has made has been by the books. He is very careful, and would challenge anyone of the Board that he has not followed the proper procedures on any appointments, and he takes this responsibility very seriously as this is a civil rights issue. This could put himself and the Town in harms way in those types of situation.

Muscato stated that he stands by LaFond’s appointments. Grimes stated if it not voted on tonight he is going to ask again next meeting. Motion by Grimes to increase committee to review Personnel Plan by seven members, second by O’Donnell. Vote: 2 yes; 3 no.

Casey stated that he has asked for this review due to ongoing problems in residential neighborhoods and is suggesting drafting letter to the present 7 Class II license holders that this will be the last year that they will be licensed if their business is not relocated to a commercial district. He has been questioned by taxpayers. Grimes did not agree. He feels if there is an abuse that has to be dealt with, and does not want to create a hardship. O’Donnell suggested inviting parties in to discuss at next meeting.

DCR is asking the Town to waive the 120 day waiting period on forest land they are looking to acquire. This is a land locked piece of property (Myles Standish State Forest) owned by the Griffiths. Motion by Angley, second by Grimes to waive the 120 day waiting period Vote unanimous.

Grimes stated when rate voted it was a 3-2 vote. Town Accountant Adams stated that water usage is off even more since the beginning of the fiscal year, a little more than 4 million gallons. He explained the operating budget with $12,000 for depreciation. O’Donnell wants gradual implementation of depreciation as there are a lot of people on fixed incomes. LaFond stated that Pinetree Village fits the criteria for more water hookups under DHCD Grant guidelines, the operating budget would be spread out over more units, and suggests that we have a meeting with Mr. Piper as the infrastructure would have to be put in place. In effect the Town would not have to do anything. Grimes stated would like to look at lower rate. Adams stated a $2.80 rate would not put anything towards depreciation. He stated the rate needs to be reviewed every year. Angley stated that the wells have to be able to meet their budget, and it is not fair to burden the Town with these costs. We have to be realists.

Motion by Grimes to reconsider the previous water rate of $3.70 to be reduced to $2.80 rate and review annually, second O’Donnell. Casey asked for Adams recommendation. Adams recommendation is $3.70. Rod Forrester, Cranberry Village, told the Board that there are presently 26 to 27 homes that are for sale and not occupied in the Village, and this could account for the decrease in water usage. Vote 2-3.

Mrs. Forrester, Cranberry Village, asked about individuals camping off Federal Road who are working for Ocean Spray. Angley explained how he and other farmers augment their help during harvest season – with contracted day workers out of New Bedford. O’Donnell explained that every year they are given camping rights by Ocean Spray, with no serious problems. Mrs. Forrester wondered what these workers did for sanitary facilities in the evening and night hours when the plant is closed.

Grimes asked how to solve the police sergeant problem, so that we can move forward to appoint the two provisional sergeants to the rank of Permanent Sergeant. LaFond stated that the Civil Service list has come down for Temporary Appointments, and we have not received rulings on the two cases from Civil Service from ’02 and ’03. Chief Parker told by Civil Service this is how to address matter, until Civil Service decides. Grimes stated this could take years, and the Town has a right to fill vacancies. Motion by Grimes to make two provisional sergeants permanent. O’Donnell recused himself. No second on motion. Angley asked what was the hardship on these two people. Grimes stated list could expire in 28 months and have to take test all over again. Grimes stated he is going to Town Counsel and follow through on this.

Angley stated he is pleased the school is going forward with the statement of interest to the school building authority and get in line for financial support, and he commends the School Committee. He is also please with the success for the Farmer’s Market.

O’Donnell stated he cannot end the meeting on a positive note and expressed is displeasure with three of his colleagues particularly with Frank Muscato on Personnel Plan. He and Grimes have taken some initial steps.