Present: Selectmen Grimes, Casey, O’Donnell, Angley, Chair Muscato, Town Administrator LaFond and A.T.A. Bouchard.
The Chair read the announcements of openings on various boards and committees. Muscato also announced an opening on the School Committee with deadline for applications of November 15, 2006. Interviews are scheduled for November 28th joint meeting of the School Committee and Selectmen.
Public Hearing for Underground Storage Tanks:
Developer Buz Artiano came before the Board seeking approval for three 1,000 underground LP gas storage tanks for his property at One Commerce Way. Fire Chief Weston has set guidelines and conditions that he will follow. Roby’s Gas will be doing the work. Motion by Grimes to approve, second by Angley. Vote unanimous.
Class II Licenses:
The Board invited the seven Class II License holders that are located in residential neighborhoods in for discussion. LaFond reviewed the state statute that the Board, as the local licensing authority, follows in granting these licenses.
• Richard Johnson – 22 Ransom Street/One vehicle
Mr. Johnson stated he has held license for 32 years without a problem. It is his principal occupation and is a wholesale business.
• Robert Turner – 57 Great Meadow Drive/4 vehicles
Mr. Turner stated that this is his principal business. He also has a commercial garage license on the premises. He resides in Falmouth.
• Vernon Reposa – 86 South Meadow Road/no cars to be stored
Not in attendance.
• H. J. Beal Auto Sales – 73 Wenham Road/6 vehicles:
Mr. Beal stated this is his principal business. He has had a license for 30 years. LaFond stated that this was likely a pre-existing use before zoning restriction on this and E. W. Wilbur Motors.
• Paul Fernandes – 142 Plymouth Street/1 vehicle
Mr. Fernandes stated this is not his principal business. This supplements his income when he is not busy at his principal occupation. He has not sold a vehicle in 18 months.
• Stanley Shaw dba N.E. Auto Wholesaler – 82 Center Street/wholesale only
Not in attendance
Grimes asked what the next step was. Casey stated he does not feel comfortable every year signing off on thirty car licenses in view of the problems the town has experienced and that the Board should consider the problems with residential licenses. Grimes stated it was good to see licensees. LaFond commented on the difficulty the staff experiences in getting licensees to pick up their licenses by January 1st, and businesses need to be cognizant that they would be operating without a license.
Minutes of October 24, 2006:
Motion by Casey, second by Angley to approve. Vote unanimous.
Special Town Meeting Warrant of December 11, 2006 - Draft:
Article 1. LaFond spoke on the need for the STM due to the fact that one of the grants the Town was awarded towards the purchase of the Cole Property requires a Town Meeting vote prior to the end of the calendar year. Town Counsel is reviewing and will be recommending the language for the “Cole Property article”.
Resident Jack Franey expressed his concerns on the costs of the project and it not adding an additional tax burden on residents. He would like to see more information available to taxpayers. He questioned if the Town needed to build a water system. LaFond stated that this is one of the issues the Cole Working Group has been wrestling with. Town has had discussions with developers and contributions from the private sector are likely as well as grants, any remainder may be able to be absorbed into the water rate. Town is looking for $1 million of CPA funds. Ultimately Town Meeting would decide on how it would be funded. There will be two discussion sessions before Town Meeting.
Article 2. LaFond stated he had talked to several members of the Board regarding the Animal Control Article and the consensus was this may not be the appropriate meeting to discuss staffing policy.
Article 3. Unpaid bills
Article 4. Standard article that supplements budgets deficits.
Article 5. Software upgrade needed to process tax bills due to the Community Preservation Act being approved by the 2006 Annual Town Meeting.
Article 6. Replaces the present mailing machine that is being recalled. Unaware of this in the budget process.
Article 7. Funds the 53rd payroll week for employees in FY07. Town doing it now rather than wait for FY08 Town Meeting.
Article 8. Approves adjustment for the 53rd payroll week for full time elected officials.
Article 9. Wind Energy Facilities Zoning By-Law
Motion by Angley to eliminate Article 2, second by Casey. Vote unanimous.
Lakeville Animal Shelter Agreement:
Motion by Angley to renew agreement, second by Grimes. LaFond reported that the cost for the Town this fiscal year through September 30th has been $50. O’Donnell questioned status of lawsuit with BATG. LaFond stated that he had been in touch with Mike Clark of NRG regarding the punch list on landfill. DEP has written a demand letter for damages that has not been mailed yet. LaFond will get update from Kopelman and Paige. Vote unanimous.
Earth Removal Study Committee:
Dick Ward of the Agricultural Commission stated his committee was asked to look at concerns at one of the Community Forums. Ward stated there are conflicts due to membership of the commission and is referring the issue back to the Board. Angley suggested a joint meeting with the ERC, Ag Commission and the Board. Dick Ward suggested also the input of the DPW. Motion by Grimes to invite parties in on November 28th. Vote unanimous.
Ward discussed the maintenance of the Cole Property cranberry bogs.
Citizen’s Participation:
Resident Franklin Harris expressed his concerns on the earth removal in Town, and questioned whether or not a surcharge on material for enforcement of traffic laws and road repairs was possible.
Resident Rod Forrester spoke about the migrant worker housing concerns, referring to the discussion at the BOS last meeting, and the unfortunate incident subsequent to that. Angley suggested a meeting between the three large growers, Police Department and the Town to resolve this issue. Muscato stated the Town will be looking at a by-law to address the camping issue. O’Donnell stated that there had been no serious problems the town had been turning a blind eye at the housing.
Chief Parker stated he had talked with Mr. Forrester. He is looking at a By-Law. There are approximately 100 to 150 workers living in the woods along Cranberry Road during the season.
Resident Paul Johnson questions the hiring process authority. He further stated that no problem with the suggestion of seven more members to serve on a subcommittee to review the personnel plan.
Angley stated that the town voted to hire the Town Administrator, and that the T.A. is the hiring authority as far as he is concerned. It is the Board’s role if they have concerns to take the T.A. to task if there is a problem and that a committee is not needed to review new hires.
Johnson says he questions the hiring process due to issues he brought to the Board attention in the past several months. Angley questioned the underlying reasons for the request to broaden the committee. He further stated that he assumed that LaFond was aware of some issues and checked credentials, and that this is why we hired a Town Administrator. Casey stated that he cannot violate someone civil rights. Johnson stated he has a right to criticize any public official. LaFond stated that he has a degree of hiring authority and in order to make a decision he has the right to access certain information, but does not necessarily have the legal authority to share that information. Grimes stated he still has problems with the final hiring authority and states that the elected officials should have
final authority. He is not questioning that LaFond has done great things for the Town, but is questioning his authority. Board is not informed on employment issues, and he wants the Board to know everything. LaFond stated he was not going to debate the subject as the legislation and by-law speak to the issue, but, that he has never declined to give information requested by the board or any individual member. He also stated that Grime’s concern is a form of government question rather than a performance issue and that he did not want any of Jim’s concerns regarding authority to impact the working relationship. Angley asked Grimes if he wanted a committee going over new hires. Grimes also questioned the status of the sergeants promotions. Johnson stated as a citizen he thinks that the Board’s authority is being usurped. Casey stated that the T.A. position, responsibilities and authority was created by a special legislative act
and is clear.
Selectmen Notes:
Casey wished everyone a happy and safe Thanksgiving. The CHS football team will be playing Middleborough on Thanksgiving Day.
Grimes spoke on the Animal Shelter and we should pressure DEP to get this done. We need to know what stage it is in. Reminded citizens that there is a panel discussion on the Cole Property on November 16th at the Library at 7 PM.
O’Donnell stated he has been asking for 18 months what legal grounds the Town has with BATG to get shelter completed. He also stated that he agreed with everything Mr. Johnson previously stated. As a Selectman he is accountable to residents. He also wished everyone a Happy Thanksgiving.
Angley wished everyone a Happy Thanksgiving.
Muscato met with the Affordable Housing Committee. They are in the process of identifying needs of the Town, and will be working with a consultant. He also attended the monthly meeting of the Plymouth/Carver Aquifer Group that is made up of eight towns. He mentioned the upcoming forum is on the Future of Carver and it is very informative. Also reminded citizens on the upcoming forums on the Cole property
Town Administrator Notes:
LaFond stated he had talked to Mr. Piper and was concerned was that Mr. Piper had gotten the wrong impression from remarks he made at the October 24th meeting regarding payment of the water bills. Mr. Piper had been waiting for a final decision on the water rate, and that was holding up the processing of payment. LaFond reiterated that Mr. Piper has always paid his water bills.
LaFond stated we had received a request from a resident at 11 Green Street for hookup to the Middleboro system. Currently we are at the maximum connections per our agreement with Middleboro. Told Board he would be happy to write a letter to Middleborough requesting this connection with their permission. Grimes had no problem with the request and neither did Casey. LaFond will draft a letter for the Chair’s signature.
LaFond also stated he attended a Brownfield’s Conference yesterday and discussed with an EPA representative the best way to drawn down the funds, and starting point for remediation on the 99 Main Street property.
He reported that Town Accountant John Adams has sent out budget requests for FY08. Early stages of number crunching indicate that a 1.5 to 2% increase in overall town expenditures appears to be the limit.
LaFond commented on the previous discussion regarding his authority. He stated that he has always tried to be open to any concerns of Board members about anything he does. He stated that isn’t perfect and encourages each individual member of the Board to discuss issues with him, and neither hides from criticism nor takes it personally.
Motion by Casey to go into Executive Session under M.G.L. Chapter 39 §23B and not to return to Open Session to discuss 70 Forest Street pending litigation, second by Angley. Vote unanimous.
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